NOTE: DO NOTSIGN THIS UNTIL YOUHA VE READ IT COMPLETELY BROTHER- APPLICANT AGREEMENT WITH ARBITRATION PROVISIONS Datcd - [To bc fillcd in by applicant] Our Housc Productions, Inc. Stagc 18 CBS Studio 4024 Radford Avcnuc Studio City, California 91604 Don Wollman Ladics and I am bcing by Our Housc Productions, Inc. ("Produccr") to bccomc a participant in scrics cntitlcd "Big Brothcr," to bc initially broadcast in thirty (30) and/or sixty (60) minutc cpisodcs "Scrics") on a nctwork owncd or controllcd by CBS Broadcasting, Inc., or at solc of CBS Broadcasting, Inc., othcr (individually and "Nctwork"). I havc also by Produccr in with Produccr's proccss of participants for Scrics. I that Produccr is finalists to bccomc participants, and will conduct onc or morc with mc (thc "Finalist for that purposc. In considcration of and as to Produccr considcring mc to bccomc a participant in Scrics, I am making warrantics, disclosurcs, covcnants and bclow. If any disclosurc, or warranty is falsc or if I brcach any covcnant or madc in this Applicant With Arbitration Provisions ("Applicant or any othcr or rclcasc in with Scrics, Produccr may rcmovc mc from Scrics and/or withhold from mc any prizcs or monics which I would havc won or camcd and I shall rcturn to Produccr any prizcs or monics alrcady to mc; and Produccr and/or Nctwork may makc any cxplanation, on-air or Produccr and/or Nctwork may choosc in thcir solc GRANT OF RIGHTS 1. I irrcvocably grant to Produccr right to mc, as many timcs and for such pcriods of timc as Produccr rcqucsts in its solc and to vidcotapc, film and rccord such and my and appcaranccs including my namc, voicc and and if I am by Produccr to bc a participant in Scrics, to vidcotapc, film, portray, photograph and rccord mc and my actions and rccord my voicc and othcr sound in with production of Scrics on an up-to-a-24-hours-a-day, 7-days-a-wcck basis (including, without limitation, I am clothcd, partially clothcd or nakcd, I am awarc or unawarc of such vidcotaping, filming or rccording and I am awakc or and by rcquiring mc to wcar a microphonc at all timcs). (including, without limitation, Finalist and any othcr Produccr may alrcady havc conductcd or may in futurc conduct), any and all information I havc supplicd or may supply in such or (including biographical information, photographs and vidcotapcs of mc and/or and any othcr matcrials), any and all othcr information Produccr has or will from othcr sourccs, my appcarancc, actions, voicc and sound in with Scrics (including, without limitation, any act, poscs, plays, vocal, instrumcntal, musical and othcr sound and compositions of any kind or naturc), and rcsults and of my participation in Series as filmed and recorded on an up-to-a-24-hours-a-day, 7-days-a-week, including, without limitation, by means of hidden cameras and microphones, and any reproductions or recordings of any nature of any of the foregoing, in whole or in part, shall be referred to as the "Material." The Material shall also include, without limitation, any and all material that I may create, or participate in the creation of in connection with the Series, or otherwise while I reside in the House (as defined below), including, without limitation, drawings, plans, sketches, plastics, pictures, figures, models, photographs (including, but not limited to, all original negatives), written records of any type, etc. The Material, including the copyrights and all other rights therein, shall be the sole and exclusive property of Producer, and in consideration of Producer's considering me to be a participant on the Series, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, I hereby grant and assign to Producer all rights of any nature in and to the Material. The Material may be used, broadcast, exhibited, distributed, advertised, publicized, promoted or otherwise exploited (including, without limitation, for purposes of merchandising and publishing and any and all other commercial and non-commercial purposes) in any and all media, whether now known or hereafter devised, throughout the universe, in perpetuity, in any and all languages and markets, at any time and from time to time, whether as part of the Series or otherwise. The rights granted herein shall include, without limitation, all television rights (whether free, pay, cable, satellite or otherwise), and all allied, ancillary, subsidiary and incidental rights, including, without limitation, prequel, sequel and remake rights, motion picture rights, music publishing rights, literary publication rights, videocassette and video disc and laser disc and DVD rights, soundtrack album rights, radio rights, merchandising rights, theme park rights, stage play rights, interactive cable rights, Internet site rights, download rights, streaming rights, so-called "wireless" and mobile devices rights iPod, cellular phone, ringtones, mp3 player), multi- media cable rights, and computer-assisted media rights (including, without limitation, CD-ROM, CD-I, and other similar disc systems), rights with respect to any other media and/or devices, whether now known or hereafter devised, and promotional and advertising rights (including, without limitation, novelizations, printed synopses and excerpt rights and the right to broadcast, over radio, television, internet and all other media, advertisements with respect to productions produced hereunder). The Material may be edited, cut, rearranged, adapted, dubbed or otherwise revised or modified for any such purposes by Producer in its sole discretion, and I waive the exercise of any "moral rights" and "droit moral" and any analogous rights however denominated in any jurisdiction of the world. Producer will own any so called "rental and lending rights" or similar rights. I hereby grant to Producer and its licensees and assigns the perpetual and worldwide right to use my name, sobriquet, likeness (actual or simulated), photograph, caricature, voice and biographical material in connection with the development, production, exhibition, advertising, publicity, promotion, merchandising and other exploitation of the Material, whether as part of the Series or otherwise, or in connection with the exploitation of any subsidiary and ancillary rights therein, Producer's business activities and the business activities of the networks, stations, sponsors, and other users, exhibitors, distributors, assignees and licensees of the Material and/or the Series for any purpose, including, without limitation, for any commercial purpose whatsoever, including, but not limited to, product endorsement, whether related to the Series or otherwise. I agree that any telecast or other exploitation of the Material or any rights therein, whether as part of the Series or otherwise, will not entitle me to receive any prize (as defined in paragraph 5 below) or compensation. I hereby represent and warrant that I have the right to grant each and all of the foregoing rights on my own and on behalf of all others who appear in the videotape(s) or photograph(s) that I have supplied and/or who have supplied information contained in the Material. I irrevocably grant to Producer the right to register my name (including any and all variants thereof) as one or more domain names for use on the World Wide Web johnsmith.com, john_smith.org, j-smith.net, etc.). I further grant to Producer the right to utilize and own such domain names in connection with the Series, in perpetuity, and without restriction, in whatever way Producer selects. Notwithstanding the foregoing, I understand that Producer is under no obligation to register my name or to in any way use such domain names. Without limitation to any other terms herein, I understand that, until the conclusion of the initial network television broadcast of the cycle of the Series on which I appear, if any, I shall not be allowed to maintain a personal website, nor shall I permit anyone or any entity to create and/or maintain a website on my behalf (regardless of whether its contents do or do not relate to my experiences in connection with the Series) that is accessible to the public, and that until such time any existing website that I may currently have, or that is maintained on my behalf, shall be taken off-line and replaced with the following holder: "Site Under Construction." Not as a means of limitation to any of my other obligations pursuant to this Applicant Agreement, I further agree that during the Exclusive Period (as defined below) I shall not take part in any way (whether as myself or through an alias), or permit anyone else to take part on my behalf, in any on- line postings or chat rooms or on any websites (as a means of example only and not by any limitation, "MySpace.com") regardless of whether or not such on-line postings, chat rooms or websites mention or reference the Series. As a material condition of this Agreement, I agree that upon request from Producer I shall assist Producer in any means that Producer deems necessary to take off line any website, or remove any postings, which Producer deems in violation of the terms of this paragraph. Not by means oflimitation to any other provision ofthis Applicant Agreement, I specifically agree that if I fail to strictly adhere to the foregoing provisions ofthis paragraph with respect to websites and on- line postings/chat rooms, I shall be in material breach of this Applicant Agreement. SERIES PARTICIPATION 2. If I am selected to be a participant in the Series, I agree to participate as a participant in connection with the production of the Series as and to the extent required by Producer on such dates and at such locations as Producer shall designate in its sole discretion. I understand that I will be notified of my selection to participate in the Series within only twenty-four (24) hours before being required to move into the House (as defined below). I understand that production of the Series is currently scheduled to take place for approximately ninety-five (95) days between on or about a date to be designated by Producer, which schedule Producer may change in its sole discretion, principally in a residential structure that is isolated from the outside world and specifically constructed for this purpose (the "House," which terin shall include, for purposes of this Applicant Agreement, the adjacent garden and all other outdoor surroundings), located in or around Los Angeles, California (the "Location") and that, if I am selected to be a participant in the Series, I understand and acknowledge that I, my actions, voice and sound effects in, on and around the Location (and my entry to and exit from the Location) will be videotaped, filmed and otherwise recorded for the Series on an up-to-a-24-hours-a-day, 7-days-a-week basis, including, without limitation, whether I am clothed, partially clothed or naked, whether I am aware or unaware of such videotaping, filming or recording and whetherI am awake or asleep, and by requiring me to wear a microphone at all times, and including, without limitation, by means of hidden cameras and microphones. I further agree, for the period commencing with my selection, if any, as a participant in the Series and continuing through and including one (1) year from the initial broadcast of the final episode of the Episode Cycle of the Series (an Episode Cycle being defined as a set of episodes involving one set of participants in competition for one Prize, as Prize is defined herein) in which I may appear and participate as a participant, (the "Exclusive Period") that my media services (including, without limitation, all forms of over-the-air free television, cable and pay cable television, direct broadcast satellite, radio, print, intemet and/or motion pictures) will be exclusive to Producer and Network and that I will not be perinitted to render services or make appearances in any and all forms of media for any third parties. During the Exclusive Period, in consideration of Producer's selection of me as a participant (if any) and as an inducement thereto, I will be available and will participate as, when and where Network and/or Producer may require in connection with any promotion, marketing, advertising, publicity, interviews and similar matters appearing on news shows, moming shows, talk shows, specials, live show(s) in which, among other things, the winner of the contest is announced, reunion show(s) featuring participants in the Series, and other programs, and making other appearances as required by Network and/or Producer in connection with the Series, including, without limitation, appearing in institutional advertising and promotions for Producer and/or Network). In addition, I agree that at any time during the Exclusive Period, Network shall have the exclusive and irrevocable right and option (the "Option") to cause me to enter into a talent hold agreement, at the applicable minimum amount, if any, provided for under any applicable guild agreement, which, among other things, shall provide that Network shall have the exclusive right to my services as a perforiner in all media (to the maximum extent allowable under any applicable guild agreement) for one (1) year from the date of exercise of the Option. During the Exclusive Period, I agree to abide by all guidelines and restrictions that may be provided to me from time to time by Producer and/or Network in connection with the promotion, marketing, advertising and publicity of the Series and in connection with all publishing, auditions, appcaranccs and mcdia opportunitics. Without limiting of forcgoing, I agrcc to participatc in an on-camcra to occur immcdiatcly following my climination as a participant (for any rcason and by any mcans whatsocvcr) and/or, if I am as winning participant, immcdiatcly following such (ii) a livc, on-linc chat to occur within (24) hours following my climination as a participant duc to audicncc votc or or at such othcr timc(s) as Nctwork and/or Produccr may dcsignatc, and, without limitation to any othcr covcnants that I havc madc hcrcundcr, I agrcc that I shall not grant any additional to any third partics or makc any appcaranccs on radio, or any othcr mcdia, or not rclating to Scrics, without Nctwork's prior writtcn approval for a pcriod of onc ycar aftcr initial nctwork cxhibition of last cpisodc of Scrics. 3. Without limiting of my participation as forth in prcvious paragraph, I agrcc that if I am as a participant, I shall participatc in following activitics, as as any that Produccr may rcqucst: Prior to moving into Housc, I will posc for an individual portrait to bc takcn of mc, which portrait shall form part of Matcrial to in paragraph abovc, and as such Produccr shall own all copyrights and othcr rights in and to such portrait and may cxploit such portrait in any and all mcdia (including, without limitation, on and/or as Produccr may in its solc including, without limitation, bcforc, during and aftcr production of Scrics. Prior to datc that Produccr dcsignatcs for mc to movc into Housc, I agrcc to bc availablc and to participatc in any prcparations for Scrics as Produccr may rcqucst, including, without limitation, participating in participating in vidcotapcd at my homc and causing my family and fricnds to participatc in such (thc rccordings of such bcing part of Matcrial to in paragraph abovc) and any othcr as Produccr and/or Nctwork may dcsignatc. In with any such I agrcc to cxccutc and causc to bc cxccutcd a Location in form attachcd as Exhibit A, and to causc all pcrsons appcaring in such to cxccutc a Rclcasc in form attachcd as Exhibit (or Exhibit D, if such pcrson is a of my immcdiatc family). 4. If as a participant, I that I will bc providcd with a copy of official Scrics Rulcs prior to moving into Housc. I and that a copy of such Scrics Rulcs will bc postcd in Housc for duration of Scrics. I agrcc to rcad, to my of and to follow and obcy such Scrics Rulcs (as thcy may bc changcd, modificd or by Produccr in its solc from timc to timc with or without prior noticc to mc). I agrcc to coopcratc with, and to follow, all of Produccr's dircctions and instructions in all with to Scrics. I shall immcdiatcly rcport to Produccr any violations of such Scrics Rulcs by or any othcr participants. Produccr's dccisions on all (including, without limitation, participant and climination, and dccisions rcgarding crcation, and of any conditions and rulcs [including Scrics Rulcs] govcming Scrics) shall bc within Produccr's solc control and shall bc final and binding on mc in all and shall not bc to or appcal. In addition, if any activity on Scrics is haltcd for any rcason, I shall abidc by Produccr's dccision rcgarding rcsumption of activity and disposition of prizcs. I that Produccr right, in its solc from timc to timc and bcforc production and at any point during production, to changc, add to, from, modify or amcnd Scrics Rulcs or any of or conditions rclating to Scrics (including, without limitation, thosc or govcming conduct of participants on Scrics, Scrics activitics, climination of participants from Scrics and granting or withholding of prizcs). I that my failurc or rcfusal to comply with Scrics Rulcs (as thcy may bc changcd, modificd or by Produccr in its solc from timc to timc with or without prior noticc to mc) in any or to any may rcsult in to Produccr's solc my immcdiatc climination from Scrics and/or the forfeiture of any and all prizes, stipends or other monies even if already rewarded, granted, earned or received by me. 5. I understand that, if I am selected as a participant, the competition in which I will participate has one grand prize -- a $500,000 cash prize (the "Prize") -- awarded to one participant only who is chosen according to procedures established by Producer in its sole discretion. The winner of the Prize shall be personally responsible for the payment of any and all applicable state and/or federal taxes on the Prize. Producer has the right, but not the obligation, to withhold any or all of the applicable taxes prior to the delivery of the Prize to the winner. The selection of the winner shall be final and binding and is not subject to any challenge or appeal by me. The methods of eliminating participants from the Series are as established by Producer, as set forth in the Series Rules (as such may be changed, modified or amended from time to time in Producer's sole discretion with or without prior notice to me). Without in any way limiting anything contained in the Series Rules, I understand that if I am selected as a participant, I will live in the House with the other participants for as many as ninety-five (95) days (such period may be shorter or longer, as determined by Producer in its sole discretion and subject to Producer's decision to require me to remain at the Location Annex [defined below in this paragraph]), at the end of which one participant will be established as the "winner." If I am eliminated, the decision to eliminate me shall be final and binding and not subject to challenge or appeal. Producer may, in its sole discretion, give consolation cash prizes to each participant who is not one of the final two (2) participants based on the order of each participant's elimination, in the amount of $750 per week for each week or portion thereof such participant actually resided in the House as an active participant (as opposed to one who has been eliminated), (ii) give a runner- up cash prize (in the amount of $50,000) to the first runner-up of the Series, and, in its sole discretion, may also give additional consolation and/or runner-up prizes in cash or in kind to all or some of the participants, but has no obligation to do so. The Prize and such consolation prizes (if any) may, in Producer's sole discretion, be contingent upon all episodes of the Episode Cycle in which I appear (if selected as a participant) actually being broadcast and awarded only after such initial broadcast of the last episode of such Episode Cycle. Each participant shall be personally responsible for the payment of any and all applicable state and/or federal, and/or foreign taxes on any monetary or non-monetary prizes won by that participant. I acknowledge and agree that, even if I am eliminated from the chance to win the Prize, then I may be required by Producer in its sole discretion to return to the Location at Producer's expense, and I agree, if so required by Producer, to make myself available for such return trips to the Location and, if required by Producer, to observe the events, assignments and competitions as designated by Producer in its sole discretion, in order to provide me with sufficient information to make informed decisions regarding voting on participants, and to vote for a participant to be the ultimate winner of the Series. I further acknowledge and agree that if I am so required by Producer and I fail to comply with Producer's requirements, then I shall forfeit any and all prizes and awards, even if already awarded. In the event of any conflict between the provisions of this paragraph and the Series Rules (as they may be changed, modified or amended by Producer from time to time, with or without prior notice to me), the Series Rules shall control. Notwithstanding Producer's right to require me to remain at the House after I am eliminated (if applicable), I acknowledge and agree that, even if I am eliminated or removed by Producer from the Series, I may be required by Producer in its sole discretion to remain at a location separate from the House (such separate location is hereinafter referenced as the "Location Annex") (or travel to and remain at some other location, as determined by Producer) until completion of principal photography of the Series. If required by Producer to remain at the Location Annex, I understand that I may be by myself or with some of, or with all of other eliminated participants (where we may be required to remain until the conclusion of the production of the Series). I understand that the location of the Location Annex may be subject to change at any time and that the Location Annex may be made up of one or more different locations. I understand that the Location Annex may be located in a different city or country than the location of the production of the Series. I understand that I will receive accommodations while I am required to remain at the Location Annex. If I am selected as a participant, and if I am eliminated or otherwise required by Producers, for any reason, to remain at the Location Annex until the end of production of the Series, I understand that I will be, and that all of my actions will be, subject to supervision by one or more members of the Series production staff Similarly, I understand that I will not be allowed to travcl or lcavc Location Anncx until of production of Scrics (production is cstimatcd to bc a total of nincty-fivc (95) days -- actual numbcr of days may bc longcr or shortcr, as in Produccr's solc with cxplicit pcrmission of Produccr. I also that, in ordcr to protcct confidcntial information such as participant climinations, my communication with third partics unrclatcd to Scrics during production of Scrics may bc by Produccr, including, but not limitcd to, a prohibition on usc of mobilc and to c-mail or I that if I fail to rcmain at Location Anncx, in accordancc with and forth hcrcin, such failurc will bc trcatcd as a brcach of this Applicant Without limiting any othcr warrantics, waivcrs, or covcnants that I may havc madc in this or any othcr I agrcc that upon full of my participation in Scrics, to that I cithcr rcfusc to any form of travcl providcd by Produccr in with such rcturn trip or dccidc not rcturn to my homc and instcad arrangc for my own travcl "Altcmatc Travcl Plans"), Produccr shall havc no obligations to mc or anyonc in with such Altcmatc Travcl Plans, and I assumc all risks In I waivc any claims that may or may not cxist in with such Altcmatc Travcl Plans, and I agrcc to and hold Rclcascd Partics (as dcfincd bclow) from any and all claims, licns, contracts, actions, suits, costs, attomcys' fccs, damagcs, and liabilitics of kind or naturc in law, cquity or now known or unknown, or and or not conccalcd or hiddcn, that may bc brought by any pcrson or cntity in with such Altcmatc Travcl Plans. 6. I that I may bc choscn as an altcmatc (as opposcd to a participant) by Produccr in its solc If I am choscn as an altcmatc, I shall rcmain availablc to participatc in Scrics as a participant if and choscn by Produccr to rcplacc a participant. I that if I am to bc an altcmatc and not choscn to rcplacc a participant, I do not havc any chancc to win any prizc and no considcration shall bc payablc to mc. I and agrcc that if I am to bc an altcmatc and am choscn to rcplacc a participant, I shall bc cligiblc to win only a pro-rata portion of Prizc bascd on numbcr of days I actually rcsidc in Housc dividcd by actual numbcr of days of production of Scrics to bc nincty-fivc (95) days), but to changc by Produccr in its solc if I am ultimatcly as "winncr." In such Produccr may disposc of rcmaining portion of Prizc as Produccr may in its solc and absolutc I and agrcc that Produccr may, at any timc and in its solc add, rcmovc or rcplacc participants. I and agrcc that all and conditions of this Applicant (including, without limitation, confidcntiality provisions forth hcrcin) shall apply to mc with full forcc and I am initially as an or a participant and or not I am ultimatcly as a participant or to rcplacc a participant. 7. Housc will consist of a bathroom, bcdrooms, a and dining arca, living room, storagc room, and diary room. will also bc an outdoor/backyard arca, which shall bc part of Housc for all purposcs hcrcundcr. I and that watcr supply to Housc will bc rationcd by Produccr, and that Produccr will ultimatcly control all powcr and othcr utilitics flowing into Housc. All rooms in Housc (including gardcn and othcr adjaccnt arcas) will bc cquippcd with visiblc and possibly invisiblc camcras and microphoncs. All camcras and microphoncs will continuously rccord that occurs within Housc 24 hours-a-day, 7 days-a-wcck, including, without limitation, in dark, through infrarcd or othcr All such rccordings may bccomc a part of Scrics and may also bc cxploitcd by any and all mcans and mcdia, including, without limitation, through and/or any mobilc or dcvicc, as forth morc fully in paragraph abovc or not such rccordings arc includcd in Scrics as initially broadcast on food and othcr matcrials will bc storcd in storagc room. Produccr will supply ccrtain basic food staplcs. In diary room, at cach participant's rcqucst, it will bc possiblc for participants to havc individual mcctings with an in-housc or othcr appropriatc mcdical profcssionals, cxact of which mcctings shall bc in Produccr's Such mcctings will not bc rccordcd I agrcc 8. I and that participating in Scrics will causc mc to bc cxposcd to atypical and unnatural circumstanccs during my stay in Housc. During my stay in Housc, I will havc limitcd of and no privacy. I and that my stay in Housc and/or Location Anncx may lcad to physical, and cmotional strains and on mc, both during my stay in Housc as as aftcr my stay in Housc. 9. I and that film, tapc, audio and othcr rccordings that will bc madc of mc, and disclosurc of pcrsonal or othcr information about mc by Produccr, Nctwork, host of Scrics, othcr participants, or in with Scrics may bc a scrious invasion of my privacy. In with forcgoing, I and agrcc that pcrsonal dctails and background information conccming mc, including livc and dclaycd imagcs from Housc, which may includc imagcs of mc, may bc availablc to public for vicwing via mobilc dcviccs, cablc and any and all othcr mcans, 24-hours-a-day, 7-days-a-wcck. and without limiting of anything in this I givc my unconditional and irrcvocablc pcrmission to Produccr to fully cxploit all such matcrials and to authorizc and/or assign right to othcr partics to cxploit samc. Without limiting of any rclcasc forth hcrcin, I rclcasc, dischargc and hold Produccr, Nctwork, and othcr Rclcascd Partics (as dcfincd hcrcin) for and from any and all claims and liability a violation of my rights of privacy, or ncgligcnt infliction of cmotional dcfamation, and/or any othcr tort and/or damagcs in any way rclating to disclosurc of pcrsonal or othcr information about mc and/or usc of film, tapc, audio and othcr rccordings that will bc madc of mc, in with Scrics or l0. I that, in and in with Scrics, I may rcvcal and/or rclatc, and othcr partics (including, without limitation, othcr participants, Produccr, Nctwork and host of Scrics) may rcvcal and/or rclatc information about mc of a pcrsonal, privatc, intimatc, surprising, dcfamatory, disparaging, cmbarrassing or unfavorablc naturc. I that my appcarancc, dcpiction and/or portrayal in Scrics (and in promotions and publicity for Scrics and for Nctwork [thc and my actions and actions of displaycd in Scrics and may bc disparaging, dcfamatory, cmbarrassing or of an unfavorablc naturc and may cxposc mc to public ridiculc, humiliation or I and agrcc that Produccr and Nctwork shall havc right to includc any such information and any such appcarancc, dcpiction, portrayal, actions and in Scrics and as cditcd by Produccr and/or Nctwork in thcir solc and to broadcast and cxploit Scrics and containing any such information and any such appcarancc, dcpiction, portrayal or actions (which, for avoidancc of doubt, shall all constitutc "Matcrial" as forth in paragraph abovc). waivcrs, rclcascs and in this Applicant and any othcr that I may cxccutc in with Scrics apply to any such inclusion and cxploitation. Without limiting of any rclcasc forth hcrcin, I rclcasc, dischargc and hold Produccr, othcr participants, host of Scrics, Nctwork and othcr Rclcascd Partics (as dcfincd hcrcin) for and from any and all claims and liability a violation of my rights of privacy, or ncgligcnt infliction of cmotional dcfamation, and/or any othcr tort and/or damagcs in any way rclating to disclosurc of pcrsonal or othcr information about mc and (ii) broadcast, display, distribution, or othcr cxploitation of Matcrial in with Scrics, including in any ll. I and that Scrics may involvc twists of plot and of surprisc, all of which may not bc rcvcalcd to mc until aftcr of production of Scrics or not at all. I and that participating in a scrics such as Scrics can and may bc an difficult both physically and cmotionallyagrcc to participatc, I thatI will into and participatc in fully awarc and that I might bc cxposcd to situations causing mc, without limitation, anxicty, discomfort, angcr and/or shock. I and that such situations may bc bcyond control of Produccr and Nctwork, that such situations may rcsult from Produccr's and/or Nctworlds or gross and/or that such situations may bc dclibcratcly and planncd, created, induced and/or staged by Producer and/or Network, including, but not limited to, as a result of the selection of other participants. I voluntarily and fully accept and assume all of these risks, and I irrevocably consent, without any qualification or reservation whatsoever, to Producer and Network causing me to experience the situations, risks and consequences described above and others of similar nature and acknowledge and agree that the releases (including, without limitation, releases for actionable torts), waivers and agreements in this Applicant Agreement expressly apply to such risks and consequences. 12. I understand that no discontinuation of my participation in the Series will affect any of the rights assigned by me or any of the covenants, agreements, waivers, releases or indemnities made by me in this Applicant Agreement, including, without limitation my agreement to participate in publicity interviews and similar matters more specifically set forth in paragraph 2 above. Further if my participation in the Series is discontinued for any reason other than my elimination in accordance with this Applicant Agreement and the Series Rules, I shall continue to remain available to return to the Location as Producer and/or Network may require, at Producer's and/or Network's request, and I shall forfeit any chance to win any prizes or awards. In addition, I acknowledge and agree that any such discontinuation may occur on camera and will be recorded and I hereby give Producer my permission to record the discontinuation of my participation in the Series, and that any Material obtained by Producer prior to such discontinuation and any Material relating to such discontinuation, may be used, broadcast, exhibited, distributed, advertised, publicized, promoted or otherwise exploited by Producer and/or Network as part of the Series or otherwise, as Producer and/ or Network determines in its/their sole discretion. 13. I hereby agree that I will not enter into any personal and/or social relationships with any of Producer's and/or Network's employees, or those of any of their broadcast affiliates, or any individual closely acquainted with the production of the Series, while I am involved in the application process for or participating in the Series. I understand that such prohibited relationships include dating and having intimate and/or sexual relationships. I further understand that such relationships may cause improprieties and/or the appearance of improprieties, may adversely affect the production, and/or result in the improper use of an employee's position for personal gain, or be exploitative or coercive in nature. I also understand and agree that I will not enter into any business or financial relationships, including, without limitation, lending money, gambling, and business partnerships with Producer's and/or Network's employees, or those of their broadcast affiliates, or any individual closely acquainted with the production of the Series. I understand and agree that if I am found in Producer's sole discretion to have violated any aspect of this paragraph, I may be subject to (in Producer's sole discretion) immediate removal from the Series and shall forfeit the opportunity to win any prize, even if already awarded. 14. In connection with my participation in the Series, I shall not intimidate with threats of physical violence or bodily harm, or infringe upon or violate the rights of, any other person or entity (including, without limitation, any other participant). I shall not cause physical injury or physical harm to any other participant and will abide by all participant rules of conduct, all U.S. laws and all applicable state and local laws. I understand that my violation of this provision may lead to my disqualification from the competition and my being declared ineligible to win any prize or award, in Producer's sole discretion. I agree to refrain at all times from all forms of physical violence against, nonconsensual sexual contact with and/or intimidation by threats of physical violence of other participants, and any employees, agents or other representatives of Producer and/or Network. I understand and acknowledge that the Series competition may include attempts by participants to achieve advantages by way of verbal combativeness and other strategies designed to mentally and emotionally challenge other participants. I understand and agree that Producer needs to balance and preserve fairness in the competition while ensuring the ultimate safety of participants and shall have the right to exercise its sole discretion to evaluate, discern and determine whether any verbal threats, other communication or actions (for example, swearing, name-calling and otherwise rude and confrontational behavior) rise to the level of, and constitute, threats of physical violence or bodily harm that require Producer's intervention (the nature of such intervention, if any, shall be subject to Producer's sole discretion). The releases, waivers and indemnification obligations I have given and granted in this shall apply to Produccr's dccisions and actions in making such cvaluations and pcrtaining to any such bchavior. 15. I agrcc not to damagc Housc or any othcr location uscd in with Scrics, or intcrior, and any othcr furnishings, itcms or othcr things locatcd in or around Housc or othcr location in any way. I will not tampcr with or hindcr in any way that is installcd in Housc or othcr location or uscd for purposcs of rccording mc and othcr participants. 16. If I am providcd with a list of pcrmittcd itcms that I may bring into Housc or any othcr location uscd in with Scrics, I agrcc to strictly comply with this list. I that Produccr may scarch mc or my bclongings prior to of production of Scrics and at any timc during production of Scrics (including, without limitation, by X-ray or similar dcviccs), and Produccr may confiscatc any disallowcd itcms immcdiatcly. In addition, Produccr may disqualify mc if I rcfusc to allow Produccr to scarch my pcrson or bclongings. I rclcasc Produccr from any liability rcgarding any loss or damagc to any itcms I bring with mc to Housc, including thosc itcms that Produccr may confiscatc pursuant to this Applicant and including any itcms that Produccr may takc from and hold for mc whilc I am in Housc or any othcr location uscd in with Scrics. 17. I and agrcc that I may not havc to any information pcrtaining to anything outsidc of Housc if I would considcr such information important to mc. I that it is solcly within of Produccr to dccidc and what, if any, information pcrtaining to occurring outsidc Housc, including, without limitation, of pcrsonal or familial to mc, will bc providcd to mc. 18. I dcsi natc (namc), ronc num cr as my contact with Produccr, with whom Produccr may consult rcgarding dccisions as to to providc any information to mc as forth in prcvious paragraph, as as with to othcr mc which Produccr may appropriatc. I will obtain from my contact a signcd copy of Immcdiatc Family Rclcasc which is attachcd as Exhibit Q. MEDICAL REPORTS, CON SENTS AND AUTHORIZATION 19. I and warrant that I am in mcntal and physical hcalth and that I do not havc any physical or mcntal limitations or any mcdical conditions that would with my ability to participatc in Scrics or that would put mc or othcr participants at risk of harm. I and warrant that, as forth in Mcdical History form providcd to mc by Produccr, I am not taking any mcdication for any physical, mcntal or cmotional condition or 20. I authorizc Produccr to conduct drug tcsting and and physical cxaminations of mc in with its of participants in Scrics. I agrcc to sign and bring with mc to Finalist Authorization for Rclcasc of Mcdical Information attachcd to this Applicant as Exhibit and, on Produccr's rcqucst, will sign any additional mcdical authorizations Produccr may rcquirc. I and that I am fully rcsponsiblc for and accuratcly rcvcaling to Produccr my and accuratc mcdical history and information rcgarding my mcdical condition. I and that conduct of physical and cxaminations of mc by mcdical pcrsonncl contractcd by Produccr and opinion(s) of such mcdical pcrsonncl rcgarding my to participatc in Scrics do not absolvc mc of my rcsponsibility to accuratcly and truthfully providc my full mcdical history and mcdical condition to Produccr. I that I am not rclying and will not rcly on opinion of mcdical pcrsonncl contractcd by Producer as a substitute for my own judgment or that of my own physician as to my fitness to participate in the Series. Without limiting the generality of any release set forth herein, I hereby expressly release, indemnify, discharge and hold harmless Producer and Network and the other Released Parties (as defined herein) for and from any and all claims and liability in any way relating to my failure to honestly and accurately reveal to Producer my complete medical history and information regarding my current medical condition and/or (ii) any adverse consequences or outcomes that may result from my participation in the Series, whether my participation is done without, in accordance with, or against the advice of my own physician or any other physicians. I understand that if I am determined to be physically or mentally unable to participate in the Series or that if I test positive for drug use, it will result in my disqualification from participation in the Series and my ineligibility to compete for or win any prizes or awards. 21. I authorize Producer to investigate, access and collect information about any of the statements made by me in the "Big Brother" Application, the Medical Report, my medical records, this Applicant Agreement, any supporting documents and any other document that I have signed or do sign in connection with my application to be selected as a participant in the Series, or any other written or oral statements I make in connection therewith. I irrevocably authorize Producer to secure information about my experiences from my current and former employers, associates, family members, friends, co-workers, roommates, educational institutions, government agencies, credit reporting agencies, and any references I have provided, andI irrevocably authorize such parties to provide information concerning me to Producer. I hereby unconditionally and irrevocably release and forever discharge all such parties and persons from any and all liabilities arising out of or in connection with any such investigation. I specifically authorize Producer to investigate my employment record, medical record, military service record and government records, including but not limited to my motor vehicle record, criminal record and credit and/or consumer report(s). I acknowledge and agree that any such information obtained by Producer pursuant to this paragraph or otherwise may be used for purposes of selecting participants in the Series. 22. I understand that in connection with my consideration to be a participant on the Series, I may be required to undergo medical testing for the human immunodeficiency virus (IHV) and/or other sexually transmitted diseases. I acknowledge and understand that the results of such testing cannot be guaranteed to be 100% accurate, and that even if the results of such testing are negative for IHV and/ or other sexually transmitted diseases, it is possible that I and other participants may nonetheless cauy the IHV virus and/or other sexually transmitted diseases. I acknowledge and agree that it is not a requirement of the Series that any of participants engage in any type of sexual activity, nor does Producer encourage any sexual activity among participants. If I do engage in any sexual activity with any other participants or otherwise, I do so entirely at my own risk, and understand and acknowledge that the risk of engaging in such activity includes, among other things, the risk of (if I am a woman) becoming pregnant and of contracting any type of sexually transmitted disease, including, without limitation, gonorrhea, herpes, syphilis, pelvic inflammatory disease (PID), chlamydia, scabies (crabs), hepatitis, genital warts, etc. I understand and acknowledge that neither Producer nor Network nor any other party has represented to me that any other participant is or will be free of IHV or any other sexually transmitted disease. The risk of contracting any such disease and all consequences of my engaging in any sexual activity are among the matters released hereunder. 23. I understand that if I choose to enter into an intimate relationship of a romantic and/or sexual nature with any other participant during my participation on the Series, I do so without any duress by Producer and I hereby assume any and all risks that may be associated with any such relationship. Without limiting the generality of any release set forth herein, I hereby expressly release, indemnify, discharge, and hold harmless Producer and Network and the other Released Parties (as defined herein) from any and all claims associated with any such relationship, including, without limitation, claims relating to divorce or those of an emotional, physical, or financial nature. 24. I authorize Producer, if I am selected as a finalist among the potential participants for the Series, to conduct drug testing, medical, and physical examinations of me before the Scrics and on a pcriodic basis during production of Scrics as rcquircd by Produccr. I authorizc individuals conducting such cxaminations of mc to disclosc to Produccr and its all information about mc obtaincd in with such cxaminations. I and agrcc that Produccr may contact my physicians or mcdical providcrs in with such cxaminations, and that I may also bc rcquircd to obtain a mcdical cxamination from my own physician at my solc if Produccr so rcqucsts. I and agrcc that Produccr may, at any timc and in its solc add, rcmovc or rcplacc participants, including if it in its solc that any participant is not mcntally or physically fit to continuc as a participant in Scrics and/or if such participant positivc for drug usc. I shall notify Produccr prior to participating in Scrics of any physical, mcdical or mcntal condition that might mc or any othcr pcoplc (including, without limitation, Produccr and othcr participants) at Location. Any information obtaincd by Produccr hcrcundcr may bc uscd for cvaluation of my application to participatc in Scrics, for purposcs of participants in Scrics, and for any othcr purposcs dcsignatcd by Produccr, and if I am choscn as a participant and/or may bc uscd, broadcast, cxhibitcd, distributcd, publicizcd, promotcd or cxploitcd by Produccr as part of Scrics or as Produccr in its solc Without limiting of any rclcasc forth hcrcin, I rclcasc, dischargc and hold Produccr, Nctwork, othcr Rclcascd Partics (as dcfincd hcrcin), and any doctors, physicians, lab nurscs or othcr mcdical or othcr pcrsonncl, hospitals, hcalth maintcnancc organizations, clinics and othcr organizations who administcr, cvaluatc or arc involvcd in drug and mcdical, or physical cxaminations of mc, for and from any and all claims and liability in any way rclating to such cxaminations and and/or rclating to any or outcomcs that may rcsult from such cxaminations or and/or from Produccr's usc of such information as forth hcrcin, and/or from my participation in Scrics. 25. I and agrcc that any physical and/or mcntal assistancc, cxaminations and/or scssions that I may havc with any mcdical pcrsonncl rctaincd by Produccr or associatcd with Scrics, Produccr and/or Produccr's do not crcatc a confidcntial rclationship and such mcdical pcrsonncl. Accordingly, I and to production doctors, and othcr mcdical or hcalth carc pcrsonncl communicating with Produccr any diagnoscs, prognoscs, mcdical information and/ or opinions rcgarding mc. I waivc any physician-paticnt privilcgc that I may havc or that may arisc with any physicians, hcalth carc providcrs (including both physical and mcntal hcalth carc providcrs), social hcalth carc institutions, insurcrs, and othcr individuals or cntitics as a rcsult of my participation in participant proccss and/or Scrics, and I havc authorizcd rclcasc to Produccr of all rccords and information, writtcn, vcrbal, or from any of abovc pcrsons and/or cntitics. As of forcgoing, I will cxccutc a rclcasc for mcdical rccords and will dclivcr copics of such rclcasc to my physician(s), hcalth carc providcrs, ctc. I also agrcc to sign any additional authorizations that Produccr or a hcalth carc providcr to facilitatc rclcasc of such rccords and information. 26. In casc of an I authorizc Produccr to arrangc for or providc such mcdical assistancc to mc as it I also authorizc any physician, hcalth carc pcrsonncl and/or mcdical facility to providc any mcdical/surgical carc and/or hospitalization of mc, including which such physician, hcalth carc pcrsonncl and/or mcdical facility or advisablc. I authorizc any rcasonably carc by paramcdics. In with forcgoing, I also agrcc to cxccutc a copy of Mcdical Rclcasc attachcd as Exhibit C. DISCLOSURES, COVENANTS, REPRESENTATIONS AND WARRANTIES 27. I am at lcast (2l) ycars of agc. 28. I am a citizcn or lcgal rcsidcnt of Unitcd Statcs, and I rcsidc in Unitcd Statcs, in (city/statc). 29. I am not (and no member of my immediate family spouse, spousal equivalent, mother, father, daughter, son, sister or brother, or any of the foregoing that would be considered a "step" relative] nor any current member of my household is) now, nor have I (nor has any member of my immediate family or any current of my household) been since the date of my original application to become a participant on the Series an employee, officer, director, or agent of: Network, its licensees, assigns, parents, or affiliated or subsidiary companies or any affiliated television station, or any television station that broadcast the Series; Producer, its licensees, assigns, parents, or affiliated or subsidiary companies or any other person or entity involved in the development, production, distribution or other eXploitation of the Series or any version or variation thereof If the above is not true please eXplain 30. I am not a candidate for public office and will not become a candidate before the initial broadcast of the last episode of the Series in which I appear, or until one year from the date of this Applicant Agreement (whichever is earlier). 31. I have never been arrested, eXcept as follows (please describe the resolution of any arrests, including any convictions and penalties or fines imposed, if any): 32. The following are the only court proceedings (criminal and civil) or administrative proceedings or disciplinary proceedings (whether initiated by public or private entities) to whichI have been a party: 33. Although Producer may obtain insurance covering certain damages arising out of my accidental death and/or disability, I acknowledge that Producer has no obligation to do so and that Producer recommends that I maintain my own accident and health insurance. Accordingly, I acknowledge that I alone am responsible for maintaining accident and health insurance to cover any bodily injury and/or personal property damage, as well as any insurance to cover my short-term or long-term disability from any injury and any insurance to cover my death. My health insurance carrier and identification number, and my health insurance canier's address and telephone number, are as follows: 34. My driver's license number, and state of issuance of my driver's license, are as I represent that my driving record is current and I have no driving violations or infractions in the last five years, except as set forth as follows: 35. I agree that, if I am selected to be a participant in the Series, my appearance as a participant in the Series is not employment and is not subject to any union or guild collective bargaining agreement, regardless of whether I am a member of any union or guild, and does not entitle me to wages, salary, corporate benefits, or other compensation under any such collective bargaining agreement or otherwise. For the purposes of workers' compensation only, I agree that I will be considered an "employee" of Producer and, as such, in the event of accident or illness, my rights and remedies will be limited to those available under the applicable workers' compensation statutes. 36. I understand that selection of participants shall be made based on such criteria as Producer and/or Network shall determine in their sole discretion, which may be subjective, including, without limitation, by members of the viewing public. Producer is selecting participants which it determines in its sole discretion to be, among other things, strong willed, outgoing, adventurous, physically and mentally adept, adaptable to new environments, and to have interesting life styles, backgrounds and personalities. Producer is not obligated to select me, even if I meet all eligibility requirements and all criteria for selection. Producer may in its sole discretion select and/or keep participants who have different physical or mental capacities or personality attributes, are previously acquainted with one another, and/or participants who have no previous acquaintance with one another. I further understand that members of the public and others may be involved in the selection of participants. Producer's decision regarding the selection of participants is final, binding and not subject to challenge or appeal. I understand that if I am selected, Producer is not obligated to have me appear on the Series and Producer and/or Network shall have the right at all times and in its sole discretion to remove or replace me as a participant in connection with the Series for any reason or no reason. I understand that even if I am selected, and even if I participate as a participant on the Series or any part thereof Producer is not obligated to broadcast or otherwise use or exploit the Series or any part thereof. Without limiting the generality of any release set forth herein, I hereby release, indemnify, discharge and hold harmless Producer and Network and the other Released Parties (as defined herein) for and from any and all claims and liability in any way relating to the selection of participants and/ or relating to any advantage or disadvantage, whether actual or perceived, that I or any other participant may have by virtue of differing physical or mental capacity or other personality attributes, pre-existing relationships with other participants, or any other attributes. 37. I will immediately notify Producer if any participant on the Series or any member of the production staff of the Series is an acquaintance, friend or relative of mine. 38. I agree that, if I perform or include any music that pre-exists my possible participation in the Series, I now hold, or in the alternative, shall hold prior to and during my possible participation in the Series, all rights, including rights, necessary for Producer to exploit the Series inclusive of such music, in perpetuity, in all media now known or hereafter devised, throughout the universe, and I hereby irrevocably grant Producer a blanket license to Producer allowing Producer to record and reproduce such music in or outside of the Series (including, without limitation, advertisements therefor), in perpetuity, in all media now known or hereafter devised, throughout the universe, and I represent and warrant that the use of such music in connection with the Series or otherwise will not violate the rights of any third party. For the purposes of clarification, I further agree that, if I perform, create or include in the Series any music that does not pre-exist my possible participation in the Series, that such music is included in the definition of "Material," and that Producer shall own all rights, including rights, in connection with such music, including, without limitation, those rights necessary for Producer to exploit the Series inclusive of such music, in perpetuity, in all media now known or hereafter devised, throughout the universe. 39. If I display in the Series or submit to Producer for display in the Series any pre- existing photographs, published works and/or other artistic or other copyrightable materials, then I will have obtained all of the rights, clearances and releases necessary for Producer and Network to exploit said materials in and in connection with the Series and advertisements therefor and outside of the Series pursuant to Producer's rights hereunder, in perpetuity, in all media now known or hereafter devised, and throughout the universe, and I represent and warrant that the use of such materials in connection with the Series or otherwise will not violate the rights of any third party. For the purposes of clarification, I further agree that, if I create during the Series any photographs, published works and/or other artistic or other copyrightable materials, that such works and/or materials are included in the definition of "Material," and that Producer shall own all rights in connection with such works and/or materials, including, without limitation, those rights necessary for Producer to exploit the Series inclusive of such works and/or materials, in perpetuity, in all media now known or hereafter devised, throughout the universe. Notwithstanding the foregoing, all materials used by me in connection with the Series shall be subject to Producer's prior approval. 40. I will not bring, and will not permit my associates, friends, family or acquaintances to bring, any illegal drugs, weapons or other illicit items to the Location and I will not engage in, and will not permit any of the foregoing individuals to engage in, any weapons use, illegal drug use, or any other illegal activities at the Location. For purposes of this paragraph only, the term "Location" shall include any accommodations furnished by Producer or its representatives in connection with my participation in the Series at any time, whether before, during or after the production of the Series. I further agree that I will not engage in any illegal drug use during my participation in the Series. I acknowledge and agree the Producer may conduct a search of me and of any luggage, belongings and/or other items I may bring to the Location to ensure my compliance with the foregoing. 4l. I further understand and agree that, should I be selected to participate in the Series, that, during my participation in the Series, I shall be prohibited from wearing any apparel, including, but not limited to, shirts, pants, shorts and hats, that contain any recognizable logos unless such apparel has been specifically provided to me by Producer or pre-approved by Producer. 42. I shall not mention or "plug" any commercial product, service, venture or thing on the Series, including the name of my employer. I am not, and no one acting on my behalf is, giving or receiving, nor have I or anyone acting on my behalf given or received, any monies or other valuable consideration (including a division of any prizes) in connection with my appearance on the Series, and I have not authorized and will not authorize, and no one acting on my behalf has authorized or will authorize, anyone else to do so. I am aware that payment or acceptance of or agreement to pay or accept, any money or valuable consideration for the appearance of any person or the mention of any thing on the Series without disclosure to Network or other broadcaster of the Series prior to broadcast of the Series is a federal offense punishable by fine and/or imprisonment. I agree that if anyone tries to induce me to make any such product mention or placement or to do any such act or accept any such money or consideration, I shall immediately notify Producer and a representative of Network. 43. I am aware that it is a federal offense punishable by fine and/or imprisonment for me or anyone to do anything that would rig or in any way influence the outcome of the Series with intent to deceive the viewing public (including, without limitation, colluding to share any prizes, stipends or other monies), and that it is a federal offense to accept any information or special or secret assistance in connection with the Series. I agree that I will not participate in any such act or any other deceptive or dishoncst act with to Scrics. I and agrcc that any mc and any othcr participant(s) to sharc Prizc, if awardcd to mc or such othcr participant(s), shall constitutc a or dishoncst act hcrcundcr. If anyonc trics to inducc mc to do any such act, I shall immcdiatcly notify Produccr and a of Nctwork. I and agrcc that I shall not partakc in any gambling vcnturc or othcr gamc of chancc, skill or with to any information or that I may havc gaincd cithcr or through my participation in Scrics. I and agrcc that any act by mc in violation of this paragraph shall givc Produccr right to tcrminatc my participation from Scrics and to withhold any prizcs, and/or othcr monics if alrcady awardcd, grantcd, carncd and/ or by mc. 44. I shall pay all statc and or othcr taxcs on any prizcs I win, including, but not limitcd to, cash, goods, scrviccs, travcl, lodging and/or or to Produccr may dcduct, withhold or rcquirc of any such taxcs bcforc dclivcry of any prizcs or awards. If I am givcn a choicc among prizcs, I must choosc from thosc by Produccr, to and conditions upon which thcy arc by Produccr. Notwithstanding forcgoing, in I win any prizc on Scrics, I that Produccr shall havc right in its solc to supply mc cithcr a prizc of comparablc valuc or a cash amount cqual to fair markct valuc of prizc I won or was awardcd, as by Produccr in its solc 45. My rcfusal to any prizc shall constitutc a forfciturc of that prizc and I shall rclcasc Rclcascd Partics (as dcfincd bclow) of all obligations in with such prizc. 46. I shall not or disclosc my winning of any prizc. I shall not sharc, or makc any or promisc to sharc, any prizc or any portion of any prizc with any othcr participant or any rclativc of or of any othcr participant. I and agrcc that any or promisc in contravcntion of shall bc null and void and that such or promisc shall not bc cnforccablc by or any othcr pcrson or cntity and that Produccr shall havc right to not award mc, or withdraw or rcclaim onc or morc prizcs from mc, in I havc into such an and/or (ii) to cnjoin or cxccution of any such or promisc and that I shall bc rcsponsiblc for any and all costs (including, without limitation, fccs) incurrcd by Produccr in that Produccr, in its solc dccidcs to an injunction against or cxccution of any such or promisc. Prior to dclivcry of such prizc, I may not assign any prizc which I win or am awardcd to anothcr pcrson or organization. I that any and all prizcs (if any) awardcd in with Scrics may, in Produccr's solc bc upon Scrics actually bcing broadcast and bc awardcd only aftcr broadcast of final cpisodc of Scrics. 47. Produccr is not obligatcd to broadcast or usc or cxploit Scrics, Matcrial or any part and Produccr may broadcast Scrics with or without Matcrial or any portion as Produccr may in its solc All travcl I in ordcr to appcar in Scrics shall bc at my solc risk and (othcr than travcl providcd by Produccr) 48. I that of production, production, and of production of Scrics may bc dclaycd, tcrminatcd or abandoncd by Produccr at any timc in its solc and for any rcason whatsocvcr, including duc to bcyond Produccr's control. Without limiting forcgoing in any way, I and agrcc that in of firc, flood, cpidcmic, carthquakc, cxplosion accidcnt or othcr act of God, act of public act of including any ordcr, rcgulation or ordcr of any court or jurisdiction; or incapacity of a of cast or dircctor; incvitablc lockout, strikc or othcr labor disputc; riot or civil commotion; war dcclarcd or or armcd conflict; acts of tcrrorism; rulc, or ordcr or act of or instrumcntality statc or local); or othcr causc of similar or naturc bcyond Produccr's control (all of which arc to hcrcin as "forcc majcurc Produccr shall havc right to tcrminatc this Applicant without obligations, if any, hcrcundcr, or at Produccr's option, to and opcration of this Applicant for a pcriod cqual to duration of any such forcc majcurc If production of Scrics is abandoncd or tcrminatcd for any rcason, Produccr shall not bc obligatcd to award any prizc to any participant and I that, in such I will forfcit my chancc to win or bc awardcd Prizc or any othcr prizc. Without limiting of any rclcasc forth hcrcin, I rclcasc, dischargc and hold Produccr and Nctwork and othcr Rclcasc Partics (as dcfincd hcrcin) for and from any and all claims and liability in any way rclating to Produccr's failurc to award any prizc as a rcsult of dclay, tcrmination or of production of Scrics. 49. With to any I sign in with my participation in Scrics (if any), including, without limitation, this Applicant I waivc any rights I may havc undcr any laws of any jurisdiction that rcquirc or that of a documcnt or or rcsolution of any ambiguitics containcd should bc rcsolvcd against draftcr of documcnt or CONFIDENTIALITY AND LIFE STORY RIGHTS 50. I any appcarancc I may makc on Scrics is strictly for purposc of participating in Scrics as a participant. as spccifically providcd hcrcin or as authorizcd by Produccr and Nctwork, I will not and I will not authorizc to, publicizc, or promotc my appcarancc on Scrics, or any monctary advantagc from my appcarancc on Scrics, or usc or disclosc to any party any information or tradc obtaincd or lcamcd as a rcsult of my participation in Scrics, including, without limitation, any information conccming or rclating to Scrics, participants, containcd in Scrics or outcomc of Scrics "Confidcntial Information"), for a pcriod from datc of this Applicant until (3) ycars aftcr initial broadcast of last cpisodc of Scrics last cpisodc of Scrics as a wholc, as distinct from Episodc in which I may bc includcd as a participant or as an altcmatc). Without limiting forcgoing, I that initial broadcast of Episodc in which I may participatc may occur, if at all, aftcr of dcpictcd in cpisodcs and that any information rcvcalcd or discloscd prior to broadcast of applicablc cpisodc will causc irrcparablc harm to Produccr and Nctwork. In that I spccifically agrcc that any Confidcntial Information, which shall includc, without limitation, any information rcgarding portraycd in any particular cpisodc, any othcr occuuing in or around Housc, climination of participants and of any winncr, is to bc in strict by mc and cannot bc discloscd by mc to any third partics. Without limiting forcgoing in any way, I will not and I will not authorizc to, prcparc or assist in prcparation of any writtcn work, any audio work, visual work or any audio-visual work that dcpicts, or rclatcs in any way to my appcarancc on Scrics or my application to appcar on Scrics. During Exclusivc Pcriod (as dcfincd in paragraph 2 of this Applicant and as it may bc by Option in paragraph 2), all contact with mcdia rcgarding Scrics or my participation in Scrics must bc organizcd and sanctioncd by officcr of Produccr or Nctwork in with Scrics or by a duly authorizcd of Produccr or Nctwork. I and agrcc that I havc prcviously cxccutcd and to Produccr a confidcntiality in with my application and possiblc participation in Scrics and all and conditions in such confidcntiality shall bc incorporatcd and madc a part of this Applicant by this I agrcc that disclosurc by mc in violation of forcgoing shall constitutc and bc trcatcd as a matcrial brcach of this Applicant which will causc irrcparablc harm to Produccr and/or Nctwork and will causc substantial damagc including, but not limitcd to: Scrics for participants; climinating surprisc, tcnsion and outcomc of Scrics for vicwing public; ratings of Scrics; and/or placing Produccr and/or Nctwork in brcach of thcir with third partics, and givcn that or amount of such damagcs would bc difficult or impossiblc to in a court of law, partics havc that a rcasonablc cstimatc of thosc damagcs would bc in of Accordingly, in I brcach my confidcntiality obligations containcd in this paragraph, I agrcc that I shall pay to Produccr and/or Nctwork an amount cqual to plus rcasonablc attomcys' fccs, as liquidatcd damagcs "Liquidatcd Damages"), which amount represents not a penalty but rather the result of a reasonable endeavor by Network, Producer and I to ascertain the fair average compensation for any harm that Producer and/or Network will sustain as a result of such disclosure. I expressly agree that this liquidated damages provision is necessary because Producer and Network will in fact suffer significant damages as a result of violation of this paragraph, and that the amount of those damages is impracticable to calculate or ascertain with certainty or specificity. I understand that if a judgment is entered against me, Producer and/or Network may take all steps necessary to enforce such judgment including, but not limited to: garnishing my wages and/or placing a lien on any real property I own; (ii) requiring the return or recovery of the value of any prize received or to be received in connection with the Series, the recovery or disgorgement of the monies or other consideration received in connection with such disclosure, if any. Notwithstanding the Liquidated Damages provided for herein, I understand and agree that the Liquidated Damages or any monetary damages will not be sufficient to avoid and/or compensate Producer and/or Network for the unauthorized use or disclosure of the Confidential Information and that injunctive or other equitable relief would be appropriate to prevent any improper actual or threatened use or disclosure of the Confidential Information or other breach of this Applicant Agreement. I agree to follow all of Producer's and/or Network's security procedures including, but not limited to, maintaining the secrecy of all Confidential Information and all Series information and materials (whether confidential or not). I further agree that I will use my best efforts to preserve the confidentiality and secrecy of all Confidential Information and Series information and materials that come into my possession or of which I become aware. The confidentiality obligations set forth in this paragraph shall remain in place whether or not I am selected to participate in the Series, and shall continue both during and after my participation in the participant selection and (if I am selected as a participant) my participation in the Series, and shall continue regardless of whether an episode of the Series has been broadcast which may include some or all of the Confidential Information. I further agree that any Confidential Information of which I become aware will only be used for the express and exclusive purposes for which Producer has instructed me to use the Confidential Information. I understand and agree that Network and Producer solely will control issuance of all publicity, press releases and press conferences related to the Series. I agree not to participate in any publicity, press releases, or press conferences or to communicate with the press directly or indirectly in any respect in connection with the Series, without the express consent of an authorized representative of Network or Producer. Without limiting the generality of my confidentiality obligations contained herein, I also agree not to sell any life rights or stories to any third party to the extent that they relate to or include any Confidential Information concerning the Series, and I further agree not to participate in any manner in the preparation, production or drafting of any written work, any audio work, visual work or audio-visual work or other materials produced by third parties that depicts, concerns or relates to the Series in any way, including, without limitation, books, magazine articles, newspaper articles, television shows, Internet websites and any other form of media, without the express prior written consent of an authorized representative of Network or Producer. Upon the expiration or termination of my application process for the Series, and, if selected, upon the termination of my participation in, the Series (or earlier at Producer's and/or Network's request), I will deliver to Producer and/or Network all materials in my possession containing any Confidential Information and all other property belonging to Producer and/or Network. 51. I irrevocably grant and release to Producer, in perpetuity and throughout the universe, the exclusive right, if I am selected as a participant in the Series, to depict, portray and represent me and my life and all episodes, exploits, events, incidents, situations and experiences contained in or associated or related to my life which occur, will occur or have occurred at any time (including, without limitation, my experiences in connection with the Series) (my "Life Story") and the Material in theatrical motion pictures, programs and scrics, thcatrical stagc wcbsitcs, programming and othcr computcr on-linc forms of cxploitation, mobilc and/or programming, radio, othcr audio, visual, audio-visual, and/or print productions, books and othcr print publications (cach, a "Production" and "Productions"), production, rcproduction, cxhibition, broadcast, distribution, publicity, promotion and othcr cxploitation of Productions in any and all mcdia, now known or hcrcaftcr dcviscd, and in of all subsidiary, allicd and ancillary rights rcmakc, scqucl, thcatrical, radio, publishing, soundtrack album and othcr similar rights) in Productions. Produccr may dcpict, portray and mc and my Lifc Story cithcr accuratcly or with such libcrtics and modifications as Produccr or dcsirablc in its solc for purposcs of fictionalization, dramatization or any othcr purposcs, including, without limitation, to achicvc a humorous or satirical and by mcans of actors who may or may not mc. I grant to Produccr and worldwidc right to usc my namc, sobriquct, (actual or simulatcd), photograph, caricaturc, voicc and biographical matcrial in with production, cxhibition, publicity, promotion, and othcr cxploitation of any and all Productions, and all rights 52. I agrcc that I shall, at no cost to Produccr, obtain rclcascs from all of my immcdiatc family (which shall bc dcfincd to includc, without limitation, my spousc (or spousal cquivalcnt or lifc mothcr (including fathcr (including girlfricnd(s), boyfricnd(s), son(s), sistcr(s), brothcr(s) or roommatc(s), or any othcr pcrson(s) who rcsidcs in my homc on a rcgular basis, or rcsidcs in my homc during pcriod of production of Scrics), who may appcar on camcra or whom I may discuss or makc to whilc on camcra, and any othcr pcrson Produccr may dcsignatc, in form of Exhibit attachcd and to usc my cfforts to procurc a rclcasc, in form of Exhibit attachcd from such othcr pcrsons as Produccr may or dcsirablc. RELEASE AND INDEMNITY 53. As USED IN THIS APPLICANT AGREEMENT, THE TERM MEANS AND REFERS TO EACH OF ME, MY HEIRS, NEXT OF KIN, SPOUSE (OR SPOUSAL EQUIVALENT OR LIFE PARTNER) GUARDIAN S, LEGAL REPRESENTATIVES, EXECUTORS, ADMINISTRATORS, SUCCESSORS AND ASSIGNS. 54. As USED IN THIS APPLICANT AGREEMENT, THE TERM MEANS AND REFERS TO EACH OF PRODUCER, NETWORK, ENDEMOL USA INC., ALLISON GRODNER PRODUCTIONS, INC., AND ARNOLD SHAPIRO PRODUCTIONS, INC., ALL STATIONS BROADCASTING THE SERIES OR ENTITIES OTHERWISE DISTRIBUTING ANY OR ALL OF THE SERIES, AND SPONSORS OF THE SERIES, AND EACH OF THEIR RESPECTIVE PARENTS, SUBSIDIARY ENTITIES, AFFILIATED AND RELATED COMPANIES, SUCCESSORS AND ASSIGNS, AND THE RESPECTIVE PRESENT AND DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, PARTNERS, SHAREHOLDERS, REPRESENTATIVES AND MEMBERS OF EACH OF THE FOREGOING ENTITIES, AND THE HEIRS, NEXT OF KIN, SPOUSES, GUARDIANS, LEGAL REPRESENTATIVES, EXECUTORS, ADMINISTRATORS, SUCCESSORS AND ASSIGNS OF EACH OF THE FOREGOING. 55. I AND THE OTHER RELEASING PARTIES HEREBY UNCONDITIONALLY AND IRREVOCABLY AGREE THAT I AND THE RELEASING PARTIES WILL NOT SUE OR CLAIIVI AGAINST THE RELEASED PARTIES OR ANY OF THE OTHER PARTICIPANTS IN THE SERIES, OR ANY OF THEIR RESPECTIVE HEHQS, NEXT OF KIN, SPOUSES, GUARDIANS, LEGAL REPRESENTATIVES, EXECUTORS, ADMINISTRATORS, SUCCESSORS AND ASSIGNS, OR THE RELEASED PARTIES FOR ANY INJURY, ILLNESS, DISEASE (INCLUDING, WITHOUT LIIVIITATION, ANY SEXUALLY TRANSMITTED DISEASE), DAMAGE, LOSS OR HARM TO ME OR MY PROPERTY, OR MY DEATH, HOWSOEVER CAUSED, RESULTING OR ARISING OUT OF OR IN CONNECTION WITH MY APPLICATION OR PREPARATION FOR, PARTICIPATION AND APPEARANCE IN OR ELIMINATION FROM THE SERIES OR ACTIVITIES ASSOCIATED WITH THE SERIES, WHETHER OCCURRING BEFORE, DURING OR AFTER MY ACTUAL PARTICIPATION IN THE SERIES, AND WHETHER OR NOT CAUSED BY OR ARISING OUT OF THE NEGLIGENCE OR GROSS NEGLIGENCE, OR INCITEMENT BY, OF ANY PARTY, INCLUDING, WITHOUT LIMITATION, ANY OF THE RELEASED PARTIES OR ANY OF THE PARTICIPANTS IN THE SERIES. 56. I AND THE OTHER RELEASING PARTIES HEREBY UNCONDITIONALLY AND IRREVOCABLY RELEASE AND FOREVER DISCHARGE EACH OF THE RELEASED PARTIES AND THE OTHER PARTICIPANTS IN THE SERIES, AND EACH OF THEIR RESPECTIVE HEIRS, NEXT OF IGN, SPOUSES, GUARDIANS, LEGAL REPRESENTATIVES, EXECUTORS, ADMINISTRATORS, SUCCESSORS AND ASSIGNS, FROM AND AGAINST ANY AND ALL CLAIMS, LIENS, AGREEMENTS, CONTRACTS, ACTIONS, SUITS, COSTS, FEES, DAMAGES, JUDGMENTS, ORDERS AND LIABILITIES OF WHATEVER IGND OR NATURE IN LAW, EQUITY OR OTHERWISE, WHETHER NOW KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, AND WHETHER OR NOT CONCEALED OR (COLLECTIVELY, THE ARISING OUT OF OR IN CONNECTION WITH APPLICATION OR PREPARATION FOR, PARTICIPATION AND APPEARANCE IN OR ELIMINATION FROM THE SERIES OR ACTIVITIES ASSOCIATED WITH THE SERIES (INCLUDING, WITHOUT LIMITATION, MY PREPARATION FOR THE SERIES AND ANY TRAVEL I MAY UNDERTAKE IN CONNECTION WITH THE SERIES), WHETHER OCCURRING BEFORE, DURING OR AFTER MY ACTUAL PARTICIPATION IN THE SERIES, OR PRODUCTION AND EXPLOITATION OF THE SERIES, OR EXERCISE OF ANY RIGHTS GRANTED BY ME IN THIS APPLICANT AGREEMENT, INCLUDING, WITHOUT LHVIITATION, CLAIMS FOR ANY INJURY, ILLN ESS, DAMAGE, LOSS OR HARM TO ME OR MY PROPERTY, OR MY DEATH, OR ANY INJURY, ILLNESS, DISEASE (INCLUDING, WITHOUT LHVIITATION, ANY SEXUALLY TRANSMITTED DISEASE), DAMAGE, LOSS OR HARM TO ANY RELEASING PARTIES OR ANY THIRD PARTIES OR ANY OF THEIR PROPERTY, OR THE DEATH OF ANY RELEASING PARTIES OR ANY THIRD PARTIES. THE RELEASED CLAIMS SHALL INCLUDE BUT NOT BE LIMITED TO THOSE BASED ON NEGLIGENCE OR GROSS NEGLIGENCE OF, OR INCITEMEN BY, ANY OF THE RELEASED PARTIES OR ANY OF THE OTHER PARTICIPANTS IN THE SERIES, WRONGFUL DEATH, PERSONAL INJURY, INFLICTION OF EMOTIONAL DISTRESS (BOTH NEGLIGENT AND INTENTIONAL), PRODUCTS LIABILITY, BREACH OF CONTRACT, FRAUD, FRAUDULENT INDUCEMENT, FRAUDULENT CONCEALMENT, BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE OWED UNDER APPLICABLE LAWS, LIBEL, SLANDER, DEFAMATION, FALSE LIGHT, INVASION OF PRIVACY, VIOLATION OF THE RIGHT OF PUBLICITY OR PERSONALITY, INFRINGEMENT OF COPYRIGHT, LOSS OF EARNINGS OR POTENTIAL EARNINGS, KIDNAPPING, FALSE IMPRISONMENT, AND THOSE BASED ON MY DISSATISFACTION WITH OR MY POSSESSION OR USE OF ANY PRIZE. 57. I and the other Releasing Parties acknowledge that there is a possibility that subsequent to the execution of this Applicant Agreement, I or they will discover facts or incur or suffer claims which were unknown or unsuspected at the time this Applicant Agreement was executed, and which if known by me at that time may have materially affected my decision to execute this Applicant Agreement. I and the other Releasing Parties acknowledge and agree that by reason of this Applicant Agreement, and the release contained in the preceding paragraphs, I and the other Releasing Parties are assuming any risk of the existence of such unknown facts and such unknown and unsuspected claims. I and the other Releasing Parties have been advised of the existence of Section 1542 of the California Civil Code, which provides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE THVIE OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBT OR. Notwithstanding such provisions, this release shall constitute a full release in accordance with its terms. I and the other Releasing Parties knowingly and voluntarily waive the provisions of Section 1542, as well as any other statute, law, or rule of similar effect of any jurisdiction throughout the world, and acknowledge and agree that this waiver is an essential and material term of this release. It is intended, understood and agreed that the release set forth herein constitutes release by myself and the other Releasing Parties of all claims, whether known or unknown, regarding or relating to the Series. I and the other Releasing Parties hereby that wc havc adviscd by our lcgal counscl (or, in altcmativc, havc had opportunity to bc adviscd by our lcgal counscl, and havc choscn not to consult such counscl), and and conscqucncc of this rclcasc and of this waivcr of Scction 1542 and othcr such laws. 58. I AND THE OTHER RELEASING PARTIES IRREVOCABLY AGREE TO RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FROM AND AGAINST ANY AND ALL CLAHVIS BY WHOMEVER ASSERTED ARISING OUT OF OR IN CONNECTION WITH (A) ANY BREACH OR ALLEGED BREACH OF ANY AGREEMENT, COVENANT, REPRESENTATION, WARRANTY MADE BY ME IN THIS APPLICANT AGREEMENT (B) MY TRAVEL IN CONNECTION WITH, AND PREPARATION FOR, PARTICIPATION AND APPEARANCE IN OR ELIMINATION FROM THE SERIES OR THE ACTIVITIES ASSOCIATED WITH THE SERIES, WHETHER OCCURRING BEFORE, DURING OR AFTER MY ACTUAL PARTICIPATION IN THE SERIES, INCLUDING, WITHOUT LIMITATION, ANY INJURY, ILLNESS, DANIAGE, LOSS, HARM OR DEATH I OR ANY RELEASING PARTIES OR ANY THIRD PARTIES MAY SUFFER THEREFROM AND ANY STATEMENT, ACTION OR OMISSION OF MINE DURING OR IN CONNECTION WITH THE SERIES OR RESULTING DIRECTLY OR INDIRECTLY FROM THE SERIES (WHETHER BEFORE, DURING OR AFTER MY ACTUAL PARTICIPATION IN THE SERIES), AND MY USE OR POSSESSION OF ANY PRIZE. THIRD PARTY BEN EFICIARY 59. I and agrcc that Nctwork is a third party bcnciiciary to this Applicant and I and agrcc that my pcrformancc of any obligations undcr this Applicant is to bcnciit Nctwork. MISCELLANEOUS 60. I shall not at any timc usc any of Produccr's or Nctwork's namcs, logos, tradc namcs or tradcmarks (including, but not limitcd to, titlc of Scrics), or thosc of any of Produccr's or Nctwork's rclatcd companics, in with any mcdia appcarancc or othcr of appcarancc I may makc or any kind of promotion, publicity, or othcr product or scrvicc. 61. I shall not partakc in any gambling vcnturc or othcr gamc of chancc, skill or with to any information or that I may havc gaincd cithcr or through my participation in Scrics. 62. Nothing hcrcin containcd shall bc to constitutc an rclationship, joint vcnturc or mc and Produccr, nor shall I bc Produccr's agcnt for any purposc. 63. Any waivcr of any of this Applicant in a particular instancc shall not bc a waivcr of such for futurc. I agrcc that invalidity or cnforccability of any part of this Applicant shall in no way validity or cnforccability of any of rcmaindcr of this Applicant 64. I that no othcr party, nor any agcnt or attomcy of any othcr party, has madc any promisc, or warranty whatsocvcr, or implicd, not containcd hcrcin conccming mattcr hcrcof to inducc mc to cxccutc this documcnt, and that I havc not cxccutcd this instrumcnt in rcliancc on any such promisc, or warranty not containcd hcrcin. 65. This Applicant shall bind and inurc to bcnciit of partics and Rclcascd Partics and cach of thcir assigns, hcirs, lcgal administrators, cxccutors, and guardians. This Applicant is pcrsonal to mc and is not assignablc by me and any purported assignment by me shall be null and void ab initio. This Applicant Agreement and any and all rights and obligations of Producer, Network or the other Released Parties under this Applicant Agreement may be freely assigned by Producer, Network, and the other Released Parties and any subsequent assignees thereof (as applicable). 66. I agree to execute and deliver to Producer any other documents consistent herewith that Producer considers necessary or desirable to evidence, effectuate or enforce this Applicant Agreement or any of the terms and conditions hereof I hereby appoint Producer my true and lawful attomey-in-fact to execute and deliver any such documents in the event I fail or refuse to do so in accordance with this Applicant Agreement after Producer's written request therefor (which appointment is deemed a power coupled with an interest and irrevocable under any and all circumstances). 67. Should any provision hereof be found invalid, in whole or in part, it shall not affect the validity or enforceability of any other provision hereof or of that provision insofar as it is not invalid or unenforceable. The headings in this Applicant Agreement are inserted for reference and convenience only and are not intended to be a part of or affect the interpretation of this Applicant Agreement. CHOICE OF LAW 68. THIS APPLICANT AGREEMENT SHALL BE DEEMED TO BE ENTERED INTO IN Los ANGELES COUNTY, CALIFORNIA, AND SHALL BE GOVERNED BY AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA APPLICABLE TO AGREEMENTS EXECUTED AND PERFORMED ENTIRELY WITIHN THE STATE OF CALIFORNIA. SUBJECT TO THE ARBITRATION PROVISION BELOW, ANY ACTION, PROCEEDING OR LITIGATION CONCERNING THIS APPLICANT AGREEMENT OR MY APPEARANCE OR PARTICIPATION IN THE SERIES MAY ONLY BE BROUGHT IN Los ANGELES COUNTY, CALIFORNIA, AND I HEREBY AGREE THAT THE COURTS OF Los ANGELES COUNTY, CALIFORNIA, SHALL HAVE EXCLUSIVE JURISDICTION OVER ME AND THE SUBJECT MATTER OF ANY SUCH PROCEEDIN G. ARBITRATION 69. PRODUCER, NETWORK AND I AGREE THAT ANY AND ALL DISPUTES OR CONTROVERSIES ARISING UNDER THIS APPLICANT AGREEMENT OR ANY Imtml OF ITS TERMS, ANY EFFORT BY ANY PARTY TO ENFORCE, INTERPRET, Here CONSTRUE, RESCIND, TERMINATE OR ANNUL THIS APPLICANT AGREEMENT, OR ANY PROVISION THEREOF, SHALL BE RESOLVED BY BINDING ARBITRATION IN ACCORDANCE WITH THE FOLLOWING PROCEDURE: EITHER (I) PRODUCER NETWORK, ON THE ONE HAND, AND I, ON THE OTHER HAND, SHALL MUTUALLY SELECT AN ARBITRATOR, WHO SHALL BE A RETIRED JUDGE OF A STATE OR FEDERAL COURT OR (II) IF WE CANNOT AGREE ON SUCH ARBITRATOR, PRODUCER NETWORK ON THE ONE HAND, AND I, ON THE OTHER HAND, SHALL EACH SELECT ONE ARBITRATOR, WHO SHALL BOTH BE RETIRED JUDGES OF STATE OR FEDERAL COURTS AND THOSE TWO ARBITRATORS SHALL THEN SELECT A THIRD ARBITRATOR, WHO SHALL BE A RETIRED JUDGE OF A STATE OR FEDERAL COURT. ALL ARBITRATION PROCEEDINGS SHALL BE CONDUCTED UNDER THE AUSPICES OF THE AMERICAN ARBITRATION ASSOCIATION, UNDER ITS COMMERCIAL ARBITRATION RULES, THROUGH ITS LOS ANGELES, CALIFORNIA OFFICE. PRODUCER, NETWORK AND I AGREE THAT THE RULING, OR RULING, AS APPLICABLE, IN THE ARBITRATION SHALL BE FINAL AND BINDING AND NOT SUBJECT TO APPEAL OR CHALLENGE. PRODUCER, NETWORK AND I FURTHER AGREE THAT THE ARBITRATION PROCEEDINGS, TESTIMONY, DISCOVERY AND DOCUMENTS FILED IN THE COURSE OF SUCH PROCEEDINGS, INCLUDING THE FACT THAT THE ARBITRATION IS BEING CONDUCTED, WILL BE TREATED AS CONFIDENTIAL AND WILL NOT BE DISCLOSED TO ANY THIRD PARTY TO SUCH PROCEEDINGS, EXCEPT THE AND THEIR STAFF, THE ATTORNEYS AND THEIR STAFF, AND ANY EXPERTS RETAINED BY THE PARTIES. PRODUCER, NETWORK AND I AGREE THAT, NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS PARAGRAPH OR IN ANY OF THE APPLICABLE RULES OF THE AMERICAN ARBITRATION ASSOCIATION, SHALL PREVENT PRODUCER NETWORK FROM SEEKING PROVISIONAL RELIEF OUTSIDE OF ARBITRATION, WITHOUT POSTING ANY BOND, INCLUDING, BUT NOT LIMITED TO, EQUITABLE INJUNCTIVE RELIEF PENDING THE OR (AS THE CASE MAY BE) FINAL DECISION. REMEDIES 70. WITHOUT LIMITING ANY OTHER PROVISION IN TIHS APPLICANT AGREEMENT, MY REMEDIES FOR ANY BREACH OF TIHS APPLICANT AGREEMENT BY PRODUCER OR OTHERS WILL BE LIMITED TO DAMAGES AND IN NO EVENT WILL I BE ENTITLED TO RESCIND TIHS APPLICANT AGREEMENT OR TO SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. I UNDERSTAND AND AGREE THAT A BREACH BY ANY OF MY IMMEDIATE FAMILY MEMBERS, SPOUSE, SIGNIFICANT OTHER, OR ANYONE ELSE SIGNING ANY AGREEMENT IN CONNECTION WITH MY POSSIBLE PARTICIPATION IN THE SERIES (COLLECTIVELY, MY FAMILY WHICH MAY INCLUDE, WITHOUT LIMITATION, THE IMMEDIATE FAMILY MEMBER RELEASE, SHALL CONSTITUTE A BREACH BY ME OF SUCH RELEVANT AGREEMENT, WIHCH SHALL ENTITLE PRODUCER TO ALL RIGHTS AND REMEDIES CONTAINED IN TIHS APPLICANT AGREEMENT AND IN SUCH OTHER AGREEMENT SIGNED BY MY IMMEDIATE FAMILY MEMBERS. I RECOGNIZE THAT A BREACH BY ME OF TIHS APPLICANT AGREEMENT OR BY MY IMMEDIATE FAMILY MEMBERS OF ANY AGREEMENT THEY ENTER INTO IN CONNECTION WITH MY POSSIBLE PARTICIPATION IN THE SERIES WOULD CAUSE PRODUCER AND NETWORK IRREPARABLE INJURY AND DAMAGE THAT CANNOT BE REASONABLY OR ADEQUATELY COMPENSATED BY DAMAGES IN AN ACTION AT LAW AND THEREFORE, I HEREBY EXPRESSLY AGREE THAT (NOTWITHSTANDING THE ARBITRATION PROVISIONS ABOVE) PRODUCER AND NETWORK SHALL BE ENTITLED TO INJUNCTIVE AND OTHER EQUITABLE RELIEF, WITHOUT POSTING ANY BOND, TO PREVENT OR CURE ANY BREACH OR THREATEN ED BREACH OF TIHS APPLICANT AGREEMENT BY ME. INTEGRATION -- ENTIRE AGREEMENT 71. MY APPLICATION FOR THE SERIES, THE INTERVIEW AGREEMENT, TIHS APPLICANT AGREEMENT, THE EXIHBITS AND ATTACHMENTS HERETO AND ANY OTHER DOCUMENT I HAVE SIGNED AND DELIVERED TO PRODUCER IN CONNECTION WITH THE SERIES CONSTITUTE THE ENTIRE AGREEMENT AND UNDERSTANDING BETWEEN THE PARTIES CONCERNING THE SUBJECT MATTER HEREOF, AND SUPERSEDE AND REPLACE ALL PRIOR NEGOTIATIONS, PROPOSED AGREEMENTS AND AGREEMENTS, WRITTEN AND ORAL, RELATING THERETO, AND CANNOT BE CHANGED OR TERMINATED EXCEPT BY A WRITTEN INSTRUMENT SIGNED BY THE PARTIES HOWEVER, THAT TIHS APPLICANT AGREEMENT IS NOT INTENDED TO, AND DOES NOT, NEGATE, UNDERMINE OR DENIGRATE IN ANY WAY ANY WRITTEN REPRESENTATIONS, WARRANTIES, RELEASES OR AGREEMENTS THAT I MAY HAVE PREVIOUSLY OR OTHERWISE MADE TO PRODUCER. 72. I have been given ample opportunity to read, and I have carefully read, this entire agreement. I represent and warrant that I have the full right, power and authority to grant the rights granted in this Applicant Agreement. I certify that I have made such an investigation of the facts pertinent to this Applicant Agreement and of all the matters pertaining thereto as I have deemed necessary, that I fully understand the contents of this Applicant Agreement, that I am of sound mind, and that I intend to be legally bound by this Applicant Agreement. I am aware that this Applicant Agreement is, among other things, a release of liability for future injuries and a contract between myself and Producer and/or its affiliated organizations, and that I am signing this Applicant Agreement of my own free will. All statements made by me in, and any and all information and/or material provided by me in connection with, this Applicant Agreement and any exhibits or attachments or related documents thereto (collectively defined as the "Applicant Packagc") arc truc. All madc by mc in this Applicant and any and all information and/or matcrial providcd by mc in with my application in or Packagc Pcrsonal by Paticnt/Mcdical Examincr's Rcport, Authorizations for Rclcasc of Mcdical Information, Authorization and Rclcasc for of a Background and Background Qucstionnairc) prcviously submittcd by mc arc truc. Any othcr writtcn or oral that I havc madc or will makc to Produccr and/or Nctwork as part of, or subscqucnt to, application proccss arc truc, or, to that I do not havc first hand as to validity of any particular that particular is truc to of my I that in that Produccr or its or any othcr cntity discovcrs or dccidcs, in its solc that I or anyonc associatcd with mc has madc a falsc or mislcading as part of my application in or Packagc or Applicant Packagc or any cxhibits, or cnclosurcs to any of thosc packagcs, Produccr has right, but not obligation, to rcmovc mc from considcration as a participant or an for Scrics or to rcmovc mc from or not includc mc in Scrics if I havc alrcady as a participant or an I and agrcc that and in this paragraph do not imposc or imply any limitations on Produccr's cxisting right to mc as a participant or or to rcmovc mc as a participant or an for any othcr rcason whatsocvcr at any timc. namc givcn bclow is my lcgal namc. Any othcr namc(s) or alias(cs) uscd by mc within past ycars arc also notcd bclow. social sccurity numbcr furnishcd is my truc social sccurity numbcr. I and warrant that I havc rcvicwcd this documcnt with my own lcgal counscl prior to signing (or, in although I havc givcn a rcasonablc opportunity to discuss this Applicant with counscl of my choicc, I havc voluntarily and on my own accord dcclincd such opportunity). 73. I and agrcc that any brcach or violation of any of forcgoing provisions by mc may lcad to my disqualification from compctition, rcmoval from Scrics, and my bcing dcclarcd incligiblc to win any prizcs or awards, in Produccr's solc 74. I and warrant that all information I am providing to Produccr on this Applicant is valid, truc and accuratc, and that I havc (or will providc) to Produccr a lcgiblc photocopy of my valid drivcr's passport or othcr photo idcntification for Produccr's vcrification and rccord-kccping purposcs. OUR HOUSE PRODUCTIONS, INC. APPLICANT: Si By Pri Its Social Sccurity Numbcr: Dm ?fBi?*h= - LIST ALL PRIOR NAMES, ALIASES, STAGE NAMES, ETC.: NOTE: PLEASE KEEP US ADVISED IN WRITING OF YOUR CURRENT ADDRESS AND TELEPHONE NUMBER. EXHIBIT A BIG BROTHER LOCATION AGREEMENT Dm called "Owner") hereby grants to OUR HOUSE PRODUCTIONS, INC. (herein called "Company"), and its employees, agents, independent producers, contractors and suppliers, pennission to enter upon and use the property located at for the pf photographing, videotaping and otherwise recording certain scenes for a television series presently entitled ("Series") commencing on or about- (subject to change on account of weather conditions or changes in production schedule), and continuing until completion of all scenes and work required. Company may place all necessary facilities and equipment on the Property, and agrees to remove the same after completion of work and leave the Property in as good condition as when it was received, reasonable wear and tear from uses permitted herein excepted. Signs on the Property may, but need not, be removed or changed, but, if removed or changed, must be replaced. Company agrees to use reasonable care to prevent damage to the Property, and will indemnify Owner, and all other parties lawfully in possession, of the Property, and hold each of them hannless from any claims and demands of any person or persons arising out of or based upon personal injuries, death or property damage suffered by such person or persons resulting directly from any act of negligence on Company's part in connection with the work hereunder. Company shall have the right to photograph, record and use in any manner whatsoever any name connected with the Property and any signs located thereon and any logos and verbiage contained on such signs in connection with or as part of the Series and the right to refer to the Property by any real or fictitious name and the right to contribute any real or fictitious events as having occurred on the Property. Company shall have the right to reproduce, exhibit, advertise, and exploit and license others to reproduce, exhibit, advertise, and exploit all of the photographs and recordings made hereunder in connection with the Series in any and all media, whether now known or hereafter devised, throughout the world in perpetuity, including, without limitation, the right to use or authorize the use of any portion(s) of the Series containing the photographs and recordings made hereunder in other programs. Company shall be the sole owner of all right, title and interest in and to the Series and any photographs and recordings hereunder, and neither Owner nor any tenant, or other party now or hereafter having an interest in the Property, shall have any right of action against Company or any other party arising out of any use of said photographs and/or sound recordings, whether or not such use is, or may be claimed to be, defamatory, untrue or censorable in nature. Company is not obligated to actually use the premises or produce the Series or include material shot hereunder in the Series. Company may at any time elect not to use the premises by giving Owner notice of such election, in which case neither party shall have any obligation hereunder. If Company requires use of the premises for additional use in connection with the Series, Owner shall pennit Company to re-enter upon and again utilize the premises for such purpose. The dates for such additional use shall be subject to Owner's approval, which approval Owner shall not unreasonably withhold. Owner hereby warrants that Owner has the right and authority to make and enter into this Location Agreement and to grant Company the rights set forth herein. Owner hereby agrees to indemnify Company, CBS Broadcasting, Inc., Allison Grodner Productions, Inc., Endemol USA Inc., all stations broadcasting the Series or entities otherwise distributing any or all of the Series, all sponsors of the Series, each of their respective parents, subsidiaries, affiliated and related companies, successors, and assigns, and the respective present and former directors, officers, employees, agents, contractors, partners, shareholders, and representatives of each of the foregoing from and against any and all losses, liabilities, damages, expenses and claims (including reasonable attomeys' fees) as a result of any breach of said representations and warranties or covenants made by Owner in this Location Agreement. No other authorization is necessary to enable Company to use the Property for the purpose herein contemplated. Any waiver of any term of this Location Agreement in a particular instance shall not be a waiver of such term for the future. The invalidity or enforceability of any part of this Location Agreement shall in no way affect the validity or enforceability of any of the remainder of this Location Agreement. Any laws that require or suggest that the interpretation of a document or agreement, or the resolution of any ambiguities contained therein, should be resolved against the drafter of the document or agreement, are hereby waived. This Location Agreement shall be deemed to be entered into in Los Angeles County, California, and shall be governed by and interpreted in accordance with the laws of the State of California applicable to agreements executed and performed entirely within the State of California. Subject to the arbitration provision below, any action, proceeding or litigation concerning this Location Agreement may only be brought in Los Angeles County, California, and Owner hereby agrees that the courts of Los Angeles County, California, shall have exclusive jurisdiction over Owner and the subject matter of any such proceeding. Any and all disputes or controversies arising under this Location Agreement or any of its terms, and any effort by any party to enforce, interpret, construe, rescind, terminate or annul this Location Agreement, or any provision thereof shall be resolved by binding arbitration in accordance with the following procedure: either Owner and Company shall mutually select an arbitrator, who shall be a retired judge of a state or federal court or (ii) if Owner and Company cannot agree on such arbitrator, Owner and Company shall each select one arbitrator, who shall both be retired judges of state or federal courts and those two arbitrators shall then select a third arbitrator, who shall be a retired judge of a state or federal court. All arbitration proceedings shall be conducted under the auspices of the American Arbitration Association, under its Commercial Arbitration Rules, through its Los Angeles, California office. The arbitrator's ruling, or arbitrators' ruling, as applicable, in the arbitration shall be final and binding and not subject to appeal or challenge. The arbitration proceedings, testimony, discovery and documents filed in the course of such proceedings, including the fact that the arbitration is being conducted, will be treated as confidential and will not be disclosed to any third party to such proceedings, except the arbitrator(s) and their staff the parties' attorneys and their staff and any experts retained by the parties. The parties hereto agree that, notwithstanding the provisions of this paragraph or the applicable rules of the American Arbitration Association, Company shall have a right to seek injunctive or other equitable relief outside of arbitration, without posting any bond, including, without limitation, provisional relief pending the arbitrator's or arbitrators' (as the case may be) final decision. Without limitation to any other provision in this Location Agreement, Owner's remedies for any breach of this Location Agreement by Company or others will be limited to damages and in no event will Owner be entitled to rescind this Location Agreement or to seek injunctive or any other equitable relief [signature page follows] This Location constitutcs cntirc and and rcplaccs all prcvious rclating to spcciic mattcr hcrcof ACCEPTED: ODUC ("Company") ("Owncr") By: Its: Busincss EXHIBIT AUTHORIZATION FOR RELEASE OF MEDICAL INFORMATION Rcturn Form To: Our Housc Productions, Inc. Bungalow 26 CBS Studio 4024 Radford Avcnuc Studio City, California 91604 Don Wollman I authorizc any physician, mcdical practitioncr, hospital, clinic, hcalth maintcnancc organization or othcr mcdical or mcdically-rclatcd facility, insurancc company, or othcr organization, institution or pcrson, that has any rccords or of mc or my hcalth to givc and disclosc to mcdical staff of Our Housc Productions, Inc. ("Produccr") and its all such information rcgarding mc, including information or rccords rcgarding drug or alcohol usc history. Any information obtaincd by Produccr hcrcundcr may bc uscd for cvaluation of my application to participatc in scrics cntitlcd "Big Brothcr" (thc "Scrics"), for purposcs of participants in Scrics, for quality assurancc and rcvicw, and for any othcr purposcs dcsignatcd by Produccr. Without limiting of any rclcasc that I havc madc to Produccr or in with Scrics, I rclcasc, dischargc and hold Produccr, CBS Broadcasting, Inc., Allison Grodncr Productions, Inc., Endcmol USA Inc., all stations broadcasting Scrics or cntitics distributing any or all of Scrics, all sponsors of Scrics, cach of thcir subsidiarics, affiliatcd and rclatcd companics, and assigns, and and formcr dircctors, officcrs, cmployccs, contractors, and of cach of forcgoing, and any of pcrsonncl or cntitics who may rclcasc information or rccords rclating to mc, for and from any and all claims and liability in any way rclating to such information/rccords and/or disclosurc and/or rclating to any or outcomcs that may rcsult from such information/rccords or disclosurcs or from my participation in Scrics. This authorization will rcmain valid for of my in production of Scrics. A photocopy of this authorization is as valid as original. Print Namc: EXHIBIT EMERGENCY MEDICAL RELEASE Rcturn Form To: Our Housc Productions, Inc. Bungalow 26 CBS Studio 4024 Radford Avcnuc Studio City, California 91604 Don Wollman IN CASE OF EMERGENCY, I, by signing bclow, authorizc Our Housc Productions, Inc. ("Produccr"), Allison Grodncr Productions, Inc., Arnold Shapiro Productions, Inc., Endcmol USA Inc., CBS Studio CBS Broadcasting, Inc., any of its/thcir parcnt or subsidiary corporations or affiliatcs, and any of thcir cmployccs, and contractors to arrangc for or providc such mcdical assistancc to mc as thcy to bc I also authorizc any physician and/or mcdical facility to providc any mcdical/surgical carc and/or hospitalization to mc, including which thcy or advisablc, pcnding of a spccific from mc. I authorizc any rcasonably carc by paramcdics. Without limiting of any rclcasc that I havc madc to Produccr or in with Scrics, I rclcasc, dischargc and hold Produccr, CBS Allison Grodncr Productions, Inc., Arnold Shapiro Productions, Inc., Endcmol USA Inc., CBS Studio CBS Broadcasting Inc., any of its/thcir parcnt or subsidiary corporations or affiliatcs, and any of thcir cmployccs, and contractors, as as any of pcrsonncl or cntitics who may rclcasc information or rccords rclating to mc, for and from any and all claims and liability in any way rclating to such mcdical/surgical carc or hospitalization, and/or rclating to any or outcomcs that may rcsult from such mcdical/surgical carc or hospitalization, or from my participation in Scrics. Print Namc: Contact Namc: Rclationship: Thcir City: Statc: Zip Codc: Phonc: Daytimc:( Evcning: Arca Codc ?v EXHIBIT MEMBER RELEASE Our Housc Productions, Inc. Bungalow 26 CBS Studio 4024 Radford Avcnuc Studio City, California 91604 Don Wollman Ladics and _(thc "Applicant") is applying to bc to bc a participant in scrics cntitlcd (thc "Scrics") to bc produccd by Our Housc Productions, Inc. ("Produccr"). In with Applicant's application, Applicant has, among othcr things, rclcascd Produccr and from any liability in with Scrics, grantcd lifc story rights to Produccr, and not to disclosc information lcamcd in with Scrics to In considcration of and as to Produccr considcring Applicant to bccomc a participant in Scrics, I, agrcc as follows: l. I am awarc that Applicant, if to bc a participant, has voluntarily to participatc in Scrics and rclatcd activitics with full and of pcrsonal risks involvcd and has to any and all risks of participating in Scrics, including but not limitcd to, scrious pcrsonal injury, dcath and/or loss. 2. INDEPENDENTLY AND APART FROM ANY CONSIDERATION ACCRUING TO ME HEREUNDER, I HEREBY IRREVOCABLY RELEASE AND DISCHARGE PRODUCER, CBS BROADCASTING, INC., ENDEMOL USA, INC., ALLISON GRODNER PRODUCTIONS, INC., ARNOLD SHAPIRO PRODUCTIONS, INC., OTHER SERIES PARTICIPANTS AND EACH OF THE RESPECTIVE PARENTS, SUBSIDIARY ENTITIES, AFFILIATES, SUCCESSORS AND ASSIGNS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, PARTNERS, SHAREHOLDERS, REPRESENTATIVES, AND MEMBERS OF EACH OF THE FOREGOING ENTITIES (COLLECTIVELY, THE FROM, AND AGREE NOT TO SUE THE RELEASED PARTIES FOR, ANY AND ALL CLAIMS, LIENS, AGREEMENTS, CONTRACTS, ACTIONS, SUITS, COSTS, FEES, DAMAGES, JUDGMENTS, ORDERS AND LIABILITIES OF WHATEVER KIND OR NATURE IN LAW, EQUITY OR OTHERWISE, WHETHER NOW KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, AND WHETHER OR NOT CONCEALED OR IHDDEN (INCLUDING, WITHOUT LIMITATION, THOSE BASED ON NEGLIGENCE OR GROSS NEGLIGENCE OF, OR INCITEMENT BY, ANY OF THE RELEASED PARTIES OR ANY OF THE OTHER PARTICIPANTS IN THE SERIES, PRODUCTS LIABILITY, BREACH OF CONTRACT, FRAUD, FRAUDULENT INDUCEMENT, FRAUDULENT CONCEALMENT, BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE OWED UNDER APPLICABLE LAWS, DEFAMATION, FALSE LIGHT, INVASION OF PRIVACY, VIOLATION OF THE RIGHT OF PUBLICITY OR PERSONALITY, AND THOSE BASED ON POSSESSION OR USE OF ANY PRIZE OR STIPEND) (COLLECTIVELY, ARISING OUT OF OR IN CONNECTION WITH PREPARATION FOR, PARTICIPATION AND APPEARANCE IN OR ELIMINATION FROM THE SERIES OR ACTIVITIES ASSOCIATED WITH THE SERIES, INCLUDING, WITHOUT LIMITATION, CLAIMS FOR ANY INJURY, ILLNESS, DAMAGE, LOSS OR HARM TO ME OR APPLICANT OR MY OR PROPERTY, OR DEATH. 3. as spccifically providcd hcrcin or as authorizcd by Produccr, I will not disclosc to any party any information or tradc obtaincd or lcarncd by mc about Scrics, including, without limitation, any information or rclating to Scrics, participants, containcd in Scrics or mcthod of production of Scrics or outcomc of Scrics, for a pcriod from datc of this Rclcasc until (3) ycars aftcr initial broadcast of last cpisodc of Scrics last cpisodc of Scrics as a wholc, as distinct from of cpisodcs ("Episodc in which Applicant may bc includcd as a compctitor or as an Without limiting forcgoing in any way, I will not at any timc, and I will not authorizc to, at any timc, prcparc or assist in prcparation of any writtcn work (including, but not limitcd to, books and magazinc articlcs), any audio work, visual work or any audio-visual work that dcpicts, or rclatcs in any way to Scrics. I agrcc that disclosurc by mc in violation of forcgoing shall constitutc and bc trcatcd as a matcrial brcach of this Rclcasc and, in addition, shall causc mc to pay Produccr total liquidatcd damagcs in amount of violation, plus Produccr's rcasonablc incurrcd to cnforcc this paragraph. I and agrcc that it would bc difficult and impracticablc undcr known facts and anticipatcd facts to and fix actual damagcs that Produccr would incur if I brcach of this paragraph. Accordingly, I agrcc that of damagcs as forth abovc accuratcly damagcs that Produccr would incur. I waivc and rclinquish any right which I may havc to to charactcrizc damagcs hcrcundcr as a pcnalty, and agrcc that such damagcs a fair and rcasonablc cstimatc of Produccr's actual damagcs if I brcach provisions of this paragraph. 4. I irrcvocably grant and rclcasc to you and CBS Broadcasting Inc. non-cxclusivc right to mc at such timcs as you may rcasonably rcqucst and right to rccord, film and/or photograph such by such mcans as you dcsirc (such rccordings, films and photographs bcing hcrcinaftcr to as Rcsults"); If Applicant is to bccomc a participant in Scrics, I irrcvocably grant and rclcasc to you and CBS non-cxclusivc rights to vidcotapc, film and rccord mc, my actions, voicc and sound rcsults and of my participation in Scrics (including, without limitation, all such rccordings) "Matcrial"), including copyright(s) and all othcr rights shall bc cxclusivc of Produccr, and in considcration of Produccr considcring Applicant to bc a participant on Scrics, and for othcr good and valuablc considcration, and sufficicncy of which arc I grant and assign to Produccr all rights of any naturc in and to Matcrial. Matcrial may bc uscd, broadcast, cxhibitcd, distributcd, publicizcd, promotcd or cxploitcd (including, without limitation, for purposcs of and publishing and any and all othcr and purposcs) in any and all mcdia, now known or hcrcaftcr dcviscd, throughout in at any timc and from timc to timc, as part of any of Scrics or rights grantcd hcrcin shall includc, without limitation, all rights frcc, pay, cablc, satcllitc or and all allicd, ancillary, subsidiary and incidcntal rights, including, without limitation, prcqucl, scqucl and rcmakc rights, motion picturc rights, music publishing rights, litcrary publication rights, and vidco disc and lascr disc and DVD rights, soundtrack album rights, radio rights, rights, park rights, stagc play rights, intcractivc cablc rights, sitc rights, download rights, strcaming rights, so- callcd and mobilc dcviccs rights iPod, ccllular phonc, ringtoncs, mp3 playcr), multi-mcdia cablc rights, and computcr-assistcd mcdia rights (including, without limitation, CD-ROM, CD-I, and othcr similar disc rights with to any othcr mcdia and/or dcviccs, now known or hcrcaftcr dcviscd, and promotional and rights (including, without limitation, novclizations, printcd synopscs and rights and right to broadcast, ovcr radio, and all othcr mcdia, with to productions produccd hcrcundcr). Matcrial may bc cditcd, cut, rcarrangcd, adaptcd, dubbcd or rcviscd or for any such purposcs by Produccr and CBS in thcir solc and I waivc of any "moral rights" and "droit moral" and any analogous rights dcnominatcd in any jurisdiction of world. Produccr will own any so callcd "rcntal and lcnding rights" or similar rights. I agrcc that any or othcr cxploitation of Matcrial or any rights as part of Scrics or will not cntitlc mc to any whatsocvcr. non-cxclusivc right, to usc, in any and all mcdia, now known or hcrcaftcr dcviscd, throughout in my namc, sobriquct, (actual or simulatcd), photograph, caricaturc, voicc and biographical matcrial in with production, cxhibition, publicity, promotion, markcting, and othcr cxploitation of Matcrial and/or Scrics, as part of Scrics or or in with cxploitation of any subsidiary and ancillary rights Produccr's and CBS's busincss activitics and busincss activitics of nctworks, stations, sponsors, and othcr uscrs, cxhibitors, distributors, and of Matcrial and/or Scrics for any purposc including, without limitation, for any or non- purposc whatsocvcr, including, but not limitcd to product rclatcd to Scrics or I agrcc that Produccr may usc all or any part of my and may altcr or modify it, of or not I am rccognizablc. matcrial containing my may bc cditcd, cut, rcarrangcd, adaptcd, dubbcd or rcviscd or for any such purposcs by Produccr and/or CBS in thcir solc and I waivc of any "moral rights" and "droit moral" and any analogous rights dcnominatcd in any jurisdiction of world. I agrcc that any or othcr cxploitation of my as part of Scrics or will not cntitlc mc to any whatsocvcr. non-cxclusivc right, if Applicant is not as a participant in Scrics, or, cxclusivc right, if Applicant is as a participant in Scrics, throughout in to dcpict, portray and mc and my lifc and all cpisodcs, cxploits, situations and containcd in or associatcd or rclatcd to my lifc (including, without limitation, and on an cxclusivc basis, my in with Applicant's participation and/or in Scrics) (my "Lifc Story") in Scrics and in thcatrical motion picturcs, programs and scrics, thcatrical stagc radio, othcr audio, visual, audio-visual, and/or print productions rclating to lifc story, in wholc or in part, of Applicant (cach, a "Production" and "Productions"). Without limiting forcgoing, Produccr shall havc right to usc my Lifc Story in with production, rcproduction, cxhibition, broadcast, distribution, promotion and othcr cxploitation of Scrics and Productions in any and all mcdia, now known or hcrcaftcr dcviscd, and in of all subsidiary, allicd and ancillary rights rcmakc, scqucl, thcatrical, radio, publishing, and othcr similar rights) in Scrics and Productions. Produccr may dcpict, portray mc and my Lifc Story cithcr accuratcly or with such libcrtics and modifications as Produccr in its solc for purposcs of fictionalization, dramatization or any othcr purposcs, including, without limitation, to achicvc a humorous or satirical and by mcans of actors who may or may not mc. I grant to Produccr and worldwidc right to usc my in with production, cxhibition, and othcr cxploitation of Scrics and any and all Productions, and all rights (9) I HEREBY UNCONDITIONALLY AND HQREVOCABLY RELEASE AND FOREVER DISCHARGE EACH OF THE RELEASED PARTIES FROM AND AGAINST ANY AND ALL CLAIMS THAT I MAY NOW HAVE OR MAY HEREAFTER HAVE FOR LIBEL, SLANDER, DEFAIVIATION, INVASION OF ANY RIGHTS OF PRIVACY, PUBLICITY OR PERSONALITY, INFRINGEMENT OF COPYRIGHT OR VIOLATION OF ANY OTHER RIGHT, WHICH ARISE OUT OF OR RELATE TO THE PRODUCTION, REPRODUCTION, EXHIBITION, BROADCAST, DISTRIBUTION, ADVERTISING, PROMOTION OR OTHER EXPLOITATION OF THE SERIES ANY OF THE PRODUCTIONS, THE EXERCISE OF ANY RIGHTS IN THE SERIES ANY OF THE PRODUCTIONS OR OF ANY RIGHTS GRANTED HEREUNDER. 5. with by an authorizcd of CBS or Produccr and at all timcs to confidcntiality obligations containcd in this Rclcasc, for a pcriod until six (6) months from datc of initial broadcast of last cpisodc of Scrics in which Applicant may appcar, I agrcc not to participatc in any publicity, rclcascs or or to communicatc with in with Scrics in any 6. Any namc uscd in with any portrayal of mc in and in with Scrics or any of Productions may bc a fictitious namc or, at your my rcal namc. 7. I and agrcc that I havc full right and authority to into this Rclcasc and to grant all rights hcrcundcr. 8. I agrcc to assist you and to usc my cfforts in procuring rclcascs from such othcr pcrsons and cntitics as you shall in with Scrics and any of Productions; providcd, that failurc to procurc such rclcascs shall not bc a brcach hcrcundcr. 9. In with forcgoing rclcasc, I waivc any and all rights and by provisions of Scction 1542 of California Civil Codc or by any similar law or provision. Scction 1542 rcads as follows: GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH, IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE l0. CHOICE OF LAW: RELEASE SHALL BE DEEMED TO BE ENTERED INTO IN Los ANGELES COUNTY, CALIFORNIA, AND SHALL BE GOVERNED BY AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA APPLICABLE TO AGREEMENTS EXECUTED AND FULLY PERFORMED WITHIN CALIFORNIA. SUBJECT TO THE ARBITRATION PROVISIONS BELOW, ANY ACTION, PROCEEDING OR LITIGATION CONCERNING TIHS RELEASE MAY ONLY BE BROUGHT IN Los ANGELES COUNTY, CALIFORNIA, AND I HEREBY AGREE THAT THE COURTS OF Los ANGELES COUNTY, CALIFORNIA, SHALL HAVE EXCLUSIVE JURISDICTION OVER ME AND THE SUBJECT MATTER OF ANY SUCH PROCEEDIN G. ll. ARBITRATION: I AGREE THAT ANY AND ALL DISPUTES OR CONTROVERSIES ARISING UNDER TIHS RELEASE OR ANY OF ITS TERMS, ANY EFFORT BY ANY PARTY TO ENFORCE, IN TERPRET, CON STRUE, RESCIND, TERMINATE OR ANNU TIHS RELEASE, OR ANY PROVISION THEREOF, AND ANY AND ALL DISPUTES OR CONTROVERSIES RELATING TO MY APPEARANCE OR PARTICIPATION IN THE SERIES OR THE PRODUCTIONS, SHALL BE RESOLVED BY BINDING ARBITRATION IN ACCORDANCE WITH THE FOLLOWING PROCEDURE: EITHER (I) PRODUCER CBS ON THE ONE HAND, AND I ON THE OTHER HAND, SHALL MUTUALLY SELECT AN ARBITRATOR, WHO SHALL BE A RETHQED JUDGE OF A STATE OR FEDERAL COURT OR (II) IF WE CANNOT AGREE ON SUCH ARBITRATOR, PRODUCER CBS ON THE ONE HAND, AND I ON THE OTHER HAND, SHALL EACH SELECT ONE ARBITRATOR, WHO SHALL BOTH BE RETHQED JUDGES OF STATE OR FEDERAL COURTS AND THOSE TWO ARBITRATORS SHALL THEN SELECT A TIHRD ARBITRATOR, WHO SHALL BE A RETHQED JUDGE OF A STATE OR FEDERAL COURT. ALL ARBITRATION PROCEEDINGS SHALL BE CONDUCTED UNDER THE AUSPICES OF THE AMERICAN ARBITRATION ASSOCIATION (THE UNDER ITS COMMERCIAL ARBITRATION RULES, THROUGH ITS Los ANGELES, CALIFORNIA OFFICE. I AGREE THAT THE RULING, OR RULING, AS APPLICABLE, IN THE ARBITRATION SHALL BE FINAL AND BINDING AND NOT SUBJECT TO APPEAL OR CHALLENGE. I FURTHER AGREE THAT THE ARBITRATION PROCEEDINGS, TESTIMON Y, DISCOVERY AND DOCUMENTS FILED IN THE COURSE OF SUCH PROCEEDINGS, INCLUDING THE FACT THAT THE ARBITRATION IS BEING CONDUCTED, WILL BE TREATED AS AND WILL NOT BE DISCLOSED TO ANY TIHRD PARTY TO SUCH PROCEEDINGS, EXCEPT THE AND THEIR STAFF, THE ATTORNEYS AND THEH2 STAFF, AND ANY EXPERTS RETAINED BY THE PARTIES. NOTWITHSTANDING THE FOREGOIN G, OTIHN IN TIHS PARAGRAPH OR IN THE APPLICABLE RULES OF THE SHALL PREVENT PRODUCER OR CBS FROM SEEKIN PROVISIONAL RELIEF OF ARBITRATION, WITHOUT POSTING ANY BOND, INCLUDING, BUT NOT LIMITED TO, EQUITABLE INJUNCTIVE RELIEF PENDING THE OR (AS THE CASE MAY BE) FINAL DECISION. 12. LIMITATION OF REMEDIES: MY REMEDIES FOR ANY BREACH OF TIHS RELEASE BY PRODUCER OR OTHERS WILL BE LHVIITED TO AN ACTION FOR DAMAGES AND IN NO EVENT WILL I BE ENTITLED TO RESCIND TIHS RELEASE OR TO SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF OR OTHERWISE RESTRAIN THE EXPLOITATION OF THE SERIES THE PRODUCTIONS IN ANY MANNER. 13. ENTIRE AGREEMENT: Tins RELEASE CONTAINS THE ENTIRE UNDERSTANDING OF THE PARTIES HERETO IN CONNECTION WITH THE SUBJECT MATTER HEREOF AND SUPERSEDES AND REPLACES ALL PRIOR EGOTIATION S, PROPOSED AGREEMENTS AND AGREEMENTS, WRITTEN AND ORAL, RELATING THERETO, AND CANNOT BE CHANGED OR TERMINATED EXCEPT BY A WRITTEN INSTRUMENT SIGNED BY THE PARTIES HOWEVER, THAT TIHS RELEASE IS NOT INTENDED TO, AND DOES NOT, NEGATE, UNDERMINE OR DENIGRATE IN ANY WAY ANY WRITTEN REPRESENTATIONS, WARRANTIES, RELEASES OR AGREEMENTS THAT I MAY HAVE PREVIOUSLY OR OTHERWISE MADE TO PRODUCER. 14. This Rclcasc shall bc for bcnciit of and shall bc binding upon mc and Produccr and our assigns, hcirs, cxccutors and administrators. rights hcrcin granted to Producer may be assigned, transferred or sold in whole or in part to any person, firm or other entity. Neither Producer nor CBS shall be obligated to actually produce any motion picture or program utilizing the rights granted hereunder, mention my name or depict me in any motion picture or program, or otherwise exercise any of the rights granted hereunder. Any waiver of any term of this Release in a particular instance shall not be a waiver of such term for the future. The invalidity or enforceability of any part of this Release shall in no way affect the validity or enforceability of any of the remainder of this Release. Any laws that require or suggest that the interpretation of a document or agreement, or the resolution of any ambiguities contained therein, should be resolved against the drafter of the document or agreement, are hereby waived. Very truly yours, gint Sign Add Relationship to Applicant ACCEPTED AND AGREED TO: OUR HOUSE PRODUCTIONS, INC. By: Its: Date Consent of Parent or Guardian [To be signed if the person signing above is under the age of 18] I acknowledge that I have read the foregoing Release and am familiar with each and all of the terms, covenants an conditions contained therein, I am satisfied that said Release is fair and equitable, and I hereby give my express consent to the execution thereof and will not revoke my consent thereto at any time hereafter. Print Name Signature Date: EXHIBIT RELEASE I to rccording, usc and rcusc by Our Housc Productions, Inc. ("Produccr") and CBS Broadcasting Inc. and any of thcir and assigns and cach of thcir cmployccs, subsidiarics, and rclatcd companics in any and all mcdia, now known or hcrcaftcr dcviscd, worldwidc, in of my voicc, actions, (actual or simulatcd), namc, sobriquct, appcarancc and biographical information in with production of a program and/or scrics of programs cntitlcd "Big Brothcr" (thc "Scrics"). I agrcc that Produccr may usc all or any part of my and may altcr or modify it, of or not I am rccognizablc. I agrcc that Produccr may usc my in with any markcting, promotion, publicity, and/or for Scrics and all othcr and purposcs. I that Produccr is rccording my in rcliancc on this I HEREBY UNCONDITIONALLY AND IRREVOCABLY RELEASE AND FOREVER DISCHARGE PRODUCER, CBS BROADCASTING, INC., ENDEMOL USA, INC., ALLISON GRODNER PRODUCTIONS, INC., ARNOLD SHAPIRO PRODUCTIONS, INC., OTHER PROGRAM PARTICIPANTS AND EACH OF THEIR RESPECTIVE PARENTS, SUBSIDIARY ENTITIES, AFFILIATES, SUCCESSORS AND ASSIGNS, AND THE RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, PARTNERS, SHAREHOLDERS, REPRESENTATIVES, AND MEMBERS OF EACH OF THE FOREGOING (COLLECTIVELY, FROM AND AGAINST ANY AND ALL CLAIMS THAT I MAY NOW HAVE OR MAY HEREAF TER HAVE FOR LIBEL, SLANDER, DEFAMATION, INVASION OF ANY RIGHTS OF PRIVACY, VIOLATION OF ANY RIGHTS OF PUBLICITY OR PERSONALITY, FALSE LIGHT, INFRINGEMENT OF COPYRIGHT OR VIOLATION OF ANY OTHER RIGHT, ARISE OUT OF OR RELATE TO THE PRODUCTION, REPRODUCTION, EXPHBITION, BROADCAST, DISTRIBUTION, ADVERTISING, PROMOTION OR OTHER EXPLOITATION OF THE SERIES, THE EXERCISE OF ANY RIGHTS IN THE SERIES OR OF ANY RIGHTS GRANTED HEREUNDER. CHOICE OF LAW: RELEASE SHALL BE DEEMED TO BE ENTERED INTO IN Los ANGELES COUNTY, CALIFORNIA, AND SHALL BE GOVERNED BY AND INTERPRETED IN ACCORDANCE VVITH THE LAWS OF THE STATE OF CALIFORNIA APPLICABLE TO AGREEMENTS EXECUTED AND FULLY PERFORMED WITIHN CALIFORNIA. SUBJECT TO THE ARBITRATION PROVISIONS BELOW, ANY ACTION, PROCEEDING OR LITIGATION CONCERNING THIS RELEASE MAY ONLY BE BROUGHT IN Los ANGELES COUNTY, CALIFORNIA, AND I HEREBY AGREE THAT THE COURTS OF Los ANGELES COUNTY, CALIFORNIA, SHALL HAVE EXCLUSIVE JURISDICTION OVER ME AND THE SUBJECT MATTER OF ANY SUCH PROCEEDING. ARBITRATION: I AGREE THAT ANY AND ALL DISPUTES OR CONTROVERSIES ARISING UNDER THIS RELEASE OR ANY OF ITS TERMS, ANY EFFORT BY ANY PARTY TO ENFORCE, INTERPRET, CONSTRUE, RESCIND, TERMINATE OR ANNU THIS RELEASE, OR ANY PROVISION THEREOF, AND ANY AND ALL DISPUTES OR CON TROVERSIES RELATING TO MY APPEARANCE OR PARTICIPATION IN THE SERIES, SHALL BE RESOLVED BY BINDING ARBITRATION IN ACCORDANCE VVITH THE FOLLOWING PROCEDURE: EITHER (I) PRODUCER AND I SHALL MUTUALLY SELECT AN ARBITRATOR, WHO SHALL BE A RETIRED JUDGE OF A STATE OR FEDERAL COURT OR (II) IF WE CANNOT AGREE ON SUCH ARBITRATOR, PRODUCER AND I SHALL EACH SELECT ONE ARBITRATOR, WHO SHALL BOTH BE RETIRED JUDGES OF STATE OR FEDERAL COURTS AND THOSE TWO ARBITRATORS SHALL THEN SELECT A THIRD ARBITRATOR, WHO SHALL BE A RETHQED JUDGE OF A STATE OR FEDERAL COURT. ALL ARBITRATION PROCEEDINGS SHALL BE CONDUCTED UNDER THE AUSPICES OF THE AMERICAN ARBITRATION ASSOCIATION, UNDER ITS COMMERCIAL ARBITRATION RULES, THROUGH ITS Los ANGELES, CALIFORNIA OFFICE. I AGREE THAT THE RULING, OR RULING, AS APPLICABLE, IN THE ARBITRATION SHALL BE FINAL AND BINDING AND NOT SUBJECT TO APPEAL OR CHALLENGE. I FURTHER AGREE THAT THE ARBITRATION PROCEEDINGS, TESTIMONY, DISCOVERY AND DOCUMENTS FILED IN THE COURSE OF SUCH PROCEEDINGS, INCLUDING THE FACT THAT THE ARBITRATION IS BEING CONDUCTED, WILL BE TREATED AS AND WILL NOT BE DISCLOSED TO ANY THIRD PARTY TO SUCH PROCEEDINGS, EXCEPT THE AND THEIR STAFF, THE ATTORNEYS AND THEIR STAFF, AND ANY EXPERTS RETAINED BY THE PARTIES. NOTVVITHSTANDING THE FOREGOING, NOTHING IN THIS PARAGRAPH OR IN THE APPLICABLE RULES OF THE AMERICAN ARBITRATION ASSOCIATION SHALL PREVENT PRODUCER CBS FROM SEEKIN PROVISIONAL RELIEF OUTSIDE OF ARBITRATION, WITHOUT POSTING ANY BOND, INCLUDING, BUT NOT LIIVIITED TO, EQUITABLE INJUNCTIVE RELIEF PENDING THE OR (AS THE CASE MAY BE) FINAL DECISION. LIMITATION OF MY REMEDIES FOR ANY BREACH OF THIS RELEASE BY PRODUCER OR OTHERS WILL BE LIMITED TO AN ACTION FOR DAMAGES AND IN NO EVENT WILL I BE ENTITLED TO RESCIND TIHS RELEASE OR TO SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. INTEGRATION ENTIRE AGREEMENT: THIS RELEASE CONTAINS THE ENTIRE UNDERSTANDING OF THE PARTIES HERETO IN CONNECTION WITH THE SUBIECT MATTER HEREOF AND SUPERSEDES AND REPLACES ALL PRIOR NEGOTIATIONS, PROPOSED AGREEMENTS AND AGREEMENTS, WRITTEN AND ORAL, RELATING THERETO, AND CANNOT BE CHANGED OR TERMINATED EXCEPT BY A WRITTEN INSTRUMENT SIGNED BY THE PARTIES HOWEVER, THAT THIS RELEASE IS NOT INTENDED TO, AND DOES NOT, NEGATE, UNDERMINE OR DENIGRATE IN ANY WAY ANY WRITTEN REPRESENTATIONS, WARRANTIES, RELEASES OR AGREEMENTS THAT I MAY HAVE PREVIOUSLY OR OTHERWISE MADE TO PRODUCER. This Rclcasc shall bc for of and shall bc binding upon mc and Produccr and our assigns, hcirs, cxccutors and administrators. rights hcrcin grantcd to Produccr may bc assigncd, or sold in wholc or in part to any pcrson, firm or othcr cntity. Ncithcr Produccr nor CBS shall bc obligatcd to actually producc any motion picturc or program utilizing rights grantcd hcrcundcr, mcntion my namc or dcpict mc in any motion picturc or program, or any of rights grantcd hcrcundcr. Any waivcr of any of this Rclcasc in a particular instancc shall not bc a waivcr of such for futurc. invalidity or cnforccability of any part of this Rclcasc shall in no way validity or cnforccability of any of rcmaindcr of this Rclcasc. Any laws that rcquirc or that of a documcnt or or rcsolution of any ambiguitics containcd should bc rcsolvcd against draftcr of documcnt or arc waivcd. I havc signcd this rclcasc and on - day of - Print Signa Addr ACCEPTED AND AGREED TO: OUR HOUSE PRODUCTIONS, INC. By: Its: Datc of Parcnt or Guardian [To bc signcd if pcrson signing abovc is undcr agc of 18] I that I havc rcad forcgoing Rclcasc and am familiar with cach and all of covcnants an conditions containcd I am satisficd that said Rclcasc is fair and cquitablc, and I givc my to cxccution and will not rcvokc my at any timc hcrcaftcr. Print Namc Signaturc Datc: